CLA-2-90:RR:NC:N1:105 L81576

Ms. Jennifer M. Benjamin
Great Lakes Customs Brokerage, Inc.
4500 Witmer Industrial Estates
Niagara Falls, NY 14305-1386

RE: The tariff classification of Power Quality Meters from Canada

Dear Ms. Benjamin:

In your letter dated December 13, 2004, for General Electric Multilin, you requested a tariff classification ruling. No samples were submitted.

You have supplied several pages of technical information concerning the PQM II, PQM and PPQM Power Quality Meters. From your information, we take it that all three are routinely used in the everyday operation of the electrical system it is attached to (not just for a limited testing period) and provide quite accurate measurements of the cumulative electrical energy use in Kilo-watt-hours. Although each also can provide several other electrical measurements, e.g., voltage and voltage imbalance, HTS heading 9030 specifically excludes the Meters of 9028.

The applicable subheading for the three Power Quality Meters will be 9028.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electricity Supply or Production Meters. The general rate of duty will be 16 cents each plus1.5 percent ad valorem.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division