CLA-2-90:S:N:N1:114 861164
Mr. David Barrett
Enviro-Tech B.G.F.
2844-3349 Quebec Inc.
770 Mill Street
Montreal, Quebec, Canada H3C 1Y3
RE: The tariff classification of a Total Organic Carbon (TOC) on
line analyzer from Canada.
Dear Mr. Barrett:
In your letter dated February 27, 1991 you requested a
tariff classification ruling.
The BioTector is an automatic device used to measure the
quantity of total organic carbon (TOC) in water. It monitors peak
concentrations of TOC's and also total volume over a period of
time. The BioTector process works through ozone oxidation of the
water sample and measuring of the emission or development of
carbon dioxide. The process is done on a continuous basis. The
BioTector laboratory consists of three sections. The analysis
section is placed in two lockers fitted to a discharge pipe. The
computer and the control panel are placed with the operator. The
sample collected from the discharge pipe is pumped to the
analysis chamber where all organic material is broken down to
carbon dioxide. The amount of carbon dioxide is measured by an IR
detector and the result is sent to the computer.
The applicable subheading for the BioTector will be
9027.50.4015 Harmonized Tariff Schedule of the United States
(HTS), which provides for other instruments for physical or
chemical analysis using optical radiations (ultraviolet, visible,
infrared). The duty rate will be 4.9 percent ad valorem.
Goods classifiable under subheading 9027.50.4015 HTS, which
have originated in the territory of Canada, will be entitled to a
3.4 percent rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
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,
Jean F. Maguire
Area Director
New York Seaport