CLA-2-90:S:N:N3:102 887116

Mr. Conrad H. Topp
MSR Magmeter Manufacturing Ltd.
11812 - 145 Street
Edmonton, Alberta
Canada T5L 2H3

RE: The tariff classification of an electronic flowmeter from Canada

Dear Mr. Topp:

In your letter dated May 26, 1993 you requested a tariff classification ruling.

The item at issue is the Magnum model electronic flow meter. The unit utilizes electromagnetic fields to measure and calculate the flow rate of liquids through a tube. This is a contactless form of measurement and allows the system to be used in a wide range of applications, ranging from clear liquids to raw sewage.

The applicable subheading for the electromagnetic flowmeter will be 9026.10.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for measuring or checking the flow of liquids by electrical means. The duty rate will be 4.9 percent ad valorem.

Goods classifiable under subheading 9026.10.2040, HTS, which have originated in the territory of Canada, will be entitled to a free 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