CLA-2-84:S:N:N3:102 814046

Mr. Tom Thilert
Thilert Enterprises Inc.
414 Ridgeview Court
Arnold, MD 21012-1214

RE: The tariff classification of the Simplex 2000" product sampler from Germany

Dear Thilert:

In your letter dated August 15, 1995 you requested a tariff classification ruling. The items involved in this request consist of the Simplex 2000 product sampling valve and a sampler controller. The Simplex 2000 is a pneumatically operated aseptic valve, made of stainless steel, that may be imported either in a simple base configuration or with such modifications as a proximity position sensor, a needle adaptor on the sample discharge outlet, or a screw-on stainless steel sample bottle holder known as a "Stericap". The pneumatic actuator is integral to the valve body. The purpose of the Simplex 2000 is to allow the user to obtain periodic product samples, notably in the food industry.

The sampler controller consists of either a steel or polymer box housing a solenoid valve and built-in timer. The valve controls the pneumatic pressure line that powers the actuator portion of the sampler valve. The timer allows the user to control the timing and frequency of sampling.

The applicable subheading for the Simplex 2000, with or without the above mentioned attachments, will be 8481.80.9035, Harmonized Tariff Schedule of the United States (HTS), which provides for other valves with pneumatic actuators; control valves designed for proportional operation by a signal from a control device. The rate of duty will be 3.4 percent ad valorem. The sampler controller is classifiable under subheading 8481.20.0080, HTS, which provides for valves for oleohydraulic or pneumatic power transmission, other, other. The rate of duty will be 3.4 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division