CLA-2-90:OT:RR:NC:N4:405

Jacki Skoreyko J. Skoreyko Compliance Solutions, Inc. #19, 577 Butterworth Way Edmonton, Alberta
T6R 2Y2

RE: The tariff classification of a Pressure Transmitter from Canada

Dear Ms. Skoreyko:

In your letter dated July 21st, 2009, you requested a tariff classification ruling on behalf of Argus Machine Co, Ltd.

In your submission you state that the Argus Pressure Transmitter is used to measure and monitor the pressure of fluid in a line. The Pressure Transmitter is used in conjunction with various types of industrial equipment, such as electric motors or electric pumps, of the kind commonly used with oil well pump jacks and water injection pumps. The Pressure Transmitter has the ability to automatically shut down and restart the machinery connected to the line being monitored if the fluid pressure falls outside of pre-programmed parameters. This ability allows the device to protect against both equipment and environmental damage. The Pressure Transmitter will be affixed to the line to be monitored. The device contains a pressure sensing mechanism made from a corrosion resistant metal. The pressure sensor reads the pressure in the line, and sends the information to an electronic circuit board in the device. The pressure information is displayed on a digital readout on the face of the device. The device is capable of monitoring a pressure range of 0 to 20,680 kPa (0 to 3000 PSI). There is also a transmitter present on the device, which allows the pressure readings to be sent to a remote monitor. In addition to providing passive readings of fluid pressure, the Pressure Transmitter can be programmed with minimum and maximum pressure levels. When the line pressure falls below the minimum setting, or exceeds the maximum setting, the device’s circuit board sends an electrical signal to a switch that turns off the machinery attached to the line. The Pressure Transmitter will send a signal to re-activate the machinery when the line pressure returns to a “safe” level (i.e. within the parameters programmed into the device). The parameters can be viewed and adjusted by a user using function keys on the digital display. The pressure in the line will thus be maintained in the desired range, stabilized against disturbances that would cause it to move out of that range.

According to the manual included with your submission, the parameters can be adjusted while the device is in operation, allowing an operator to make adjustments without shutting down the line the device is attached to.

You propose classification in HTS 9032.89.6050, however your device seems to be more accurately described as a manostat, as described in Explanatory Note I – A to 9032. In this note a manostat is described as a pressure regulator that may be used to control a motor pump or compressor.

The applicable subheading for the Argus Pressure Transmitter will be 9032.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Manostats. The rate of duty will be 1.7%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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