CLA-2-90:RR:NC:MM:105 E85478
Ms. Joanna M. Raible
Honeywell Inc.
16404 North Black Canyon Highway
Phoenix, AZ 85023
RE: The tariff classification of pressure related devices from China and France
Dear Ms. Raible:
In your letter, dated July 29, 1999, you requested a tariff classification ruling. No samples were provided.
The Honeywell STA 122, STD 924, STF 128, STG 944, and STR 13D, all include pressure measurements as part of their function. Several include temperature sensors, but only as an adjunct to assist in keeping the pressure measurements accurate. All produce an analog electrical signal proportional to the pressure encountered although in some cases this signal is later digitized. All are called “Transmitters”, but the transmission is only of the pressure related information gathered by the sensors. All are either composite goods or functional units whose essential character or principal function is provided by the sensor function. Note the example in General Explanatory Note (EN) IV to Harmonized System (HS) Chapter 90.
You propose that all five should be classified in HTS 9026.20. The most difficult distinction is between the STD 924 Differential Pressure Transmitter and the STF 128 Flange Mounted Liquid Level Transmitter. The STD 924 has “pressure measurement applications including flow and liquid level.” The STF 128 “measure head pressure caused by changes in liquid level.” They are similar in many respects, but while HS 9026-EN III, Instruments and Apparatus for Measuring or Checking the Pressure of Liquids or Gases, states it includes “differential pressure gauges”, its EN II, Instruments and Apparatus for Measuring or Checking the Level of Liquids or Gases, includes devices used to “measure the level in pressure tanks, by means of a differential pressure gauge.” Therefore, despite their similarities, the STD 924 is better described by 9026.20, but the STF 128 by 9026.10. Differences in pressure are, in fact, caused by differences in the level of the liquid above.
The applicable subheading for the STF 128 will be 9026.10.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical Instruments and Apparatus for Measuring or Checking the Level of Liquids. The general rate of duty will be free.
The applicable subheading for the four other devices will be 9026.20.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical Instruments and Apparatus for Measuring or Checking the Pressure of Liquids or Gases. The general rate of duty will be free.
This ruling is being issued under the provisions of Part 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 James Sheridan at 212-637-7037.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division