CLA-2 RR:TC:MM 958898 LTO
Ms. Judy Workentin
Jack R. Huls & Company
P.O. Box 61
Blaine, Washington 98231
RE: Hi-Test Rope Tester; NY 805620 revoked; subheading 9030.89.00; resistance/conductance
Dear Ms. Workentin:
This is in reference to NY 805620, issued to you on January
13, 1995, which concerned the classification of the Hi-Test rope
tester under the Harmonized Tariff Schedule of the United States
(HTSUS). This is a reconsideration of NY 805620.
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C.
1625(c)(1)), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186
(1993), notice of the proposed revocation of NY 805620 was
published April 10, 1996, in the Customs Bulletin, Volume 30,
Number 15. No comments were received.
FACTS:
The Hi-Test rope tester (model SV-02) is a safety device
which checks the electrical conductivity of ropes, straps or
other materials used near sources of high voltage. A green light
indicates that the rope or strap is a nonconductor of
electricity; a red light and an audible buzzer signal that it
conducts electricity. - 2 -
ISSUE:
Whether the Hi-Test rope tester is classifiable under
subheading 9030.39.00, HTSUS, which provides for other
instruments and apparatus, for checking electrical resistance,
without a recording device.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part, that "for legal purposes,
classification shall be determined according to the terms of the
headings and any relative section or chapter notes . . . ."
In NY 805620, the rope tester was held to be classifiable
under subheading 9030.89.00 (then, 9030.89.80), HTSUS, which
provides for other instruments and apparatus for measuring or
checking electrical quantities. Subheading 9030.89.00, HTSUS, is
the residual subheading for instruments and apparatus of heading
9030, HTSUS. It is our opinion that the merchandise is described
by subheading 9030.39.00, HTSUS, which provides for instruments
and apparatus for checking electrical resistance, and therefore,
cannot be classified under subheading 9030.89.00, HTSUS.
Descriptive literature for the rope tester was sent to the
Customs Office of Laboratories and Scientific Services for
consideration. The laboratory concluded that the device checks
the electrical conductivity of ropes, straps and other materials.
The measurement of the "conductivity" of a material varies
inversely with the "resistivity" of the same material. See
Webster's Ninth New Collegiate Dictionary, pg. 274 (1990)
(conductance is defined as "the readiness with which a conductor
transmits an electric current: the reciprocal of electrical
resistance"). Therefore, as the rope tester checks the
electrical conductivity of the material, it concurrently checks
for the resistance--the dielectric properties of the materials
tested using the rope tester can be expressed either in terms of
resistance or conductance. Because the rope tester is used to
check electrical resistance, it is classifiable under subheading
9030.39.00, HTSUS.
HOLDING:
The Hi-Test rope tester is classifiable under subheading
9030.39.00, HTSUS, which provides for other instruments and
apparatus, for measuring or checking voltage, current, resistance
- 3 -
or power, without a recording device. The corresponding rate of
duty for articles of this subheading is 3.6% ad valorem.
In accordance with 19 U.S.C. 1625(c)(1), this ruling will
become effective 60 days after publication in the Customs
Bulletin. Publication of rulings or decisions pursuant to 19
U.S.C. 1625(c)(1) does not constitute a change of practice or
position in accordance with section 177.10(c)(1), Customs
Regulations (19 CFR 177.10(c)(1)).
EFFECT ON OTHER RULINGS:
NY 805620, dated January 13, 1995, is revoked.
Sincerely,
John Durant, Director
Tariff Classification Appeals Division