CLA-2-84:R:N4:102 815170
Mr. James J. Kelly
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153
RE: The tariff classification of pneumatic actuators, positioners and transmitters/controllers from either France, Italy or the United Kingdom
Dear Mr. Kelly:
In your letter dated September 27, 1995, on behalf of your client, Spirax Sarco, you requested a tariff classification ruling.
The items involved in this request consist of the 5000 and 6000 series of pneumatic valve actuators; models PP3 and EP3 pneumatic positions, and the 1000 series pneumatic transmitter/ controller. The pneumatic actuators are air operated linear motors designed to open or close gate or globe type valves. They can be configured to be either spring retractable or extendable and incorporate mechanical stroke indicators.
The model PP3 positioner is a single acting unit that compares a 3-15 psi output signal, generated by a transmitter/controller, to the output signal from a valve position sensor. Based on the comparison, the position varies the amount of control air that is supplied to a pneumatic valve actuator. In effect the positioner is a pneumatically controlled valve that powers a separate valve actuator, that in turn operates a much larger liquid control valve. The model EP3 positioner functions much in the same manner except that it utilizes a 4-20 mA electric signal from an electrical controller and sensor in order to regulate the air flow to the actuator.
The Series 1000 transmitter/controllers are pneumatically proportional devices which give an air output signal of from 3 - 15 psi in proportion to a temperature or pressure input signal. Temperature sensing is done by a nitrogen filled direct expansion sensing probe, and pressure sensing is accomplished by an internal bourdon tube. The user pre-sets the operating parameters for the controller. The controller in turn determines the level of the pneumatic output signal based on a comparison of the measured levels versus the established setpoints.
The applicable subheading for the Series 5000 and 6000 pneumatic actuators will be 8412.31.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for pneumatic power engines and motors, linear acting, other. The rate of duty will be 2.7 percent ad valorem.
The PP3 pneumatic/pneumatic positioners would be classifiable under HTS subheading 8481.80.9035, which provides for valves, other than hand operated, with pneumatic actuators; control valves designed for proportional operation by a signal from a control device. The model EP3 electro-pneumatic positioner is classifiable under HTS subheading 8481.80.9020, which provides for valves, other than hand operated, with electrical or electro-hydraulic actuators; control valves designed for proportional operation by a signal from a control device. Both provisions are subject to a 3.4 percent ad valorem rate of duty.
The applicable subheading for the Series 1000 transmitter/ controllers will be 9032.81.0060, HTS, which provides for other automatic regulating or controlling instruments and apparatus; industrial process control; pneumatic. The rate of duty will be 4.1 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Karl J. Riedl at 212-466-5493.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division