CLA-2-90:OT:RR:NC:N4:414
Mr. Carl T. Rigg
W. R. Zanes & Co. of La., Inc.
P.O. Box 60386
Houston, TX 77205-0386
RE: The tariff classification of the EYE-C-GAS camera from Israel
Dear Mr. Rigg:
In your letter dated January 26, 2011, you requested a tariff classification ruling on behalf of Heath Consultants.
The EYE-C-GAS (ECG) is a handheld camera capable of autonomous imaging and recording for the detection of gas leaks. It is designed for use in the exploration, transfer, and refining processes in the oil, gas and chemical industries. The ECG detects leaks of methane and other hydrocarbon gasses from a typical distance of three meters. It runs on lithium-ion batteries.
The ECG captures and records images using two separate imaging sensors, one for the infrared and one for the visible image. The infrared sensor uses the spectral range of approximately 3,000 to 5,000 nanometers and the visible sensor uses the spectral range of approximately 400-780 nanometers. The image capture is a two-dimensional (x-y) image.
The ECG images differential temperatures within the view of the camera. As hydrocarbon gas, which is under high pressure, escapes from a valve, fitting or pipe, it will begin to cool as it expands. In addition, hydrocarbon gases such as methane will absorb infrared energy at specific wavelengths. The combination of the cooling of the gas and the absorption of the infrared wavelengths creates a differential temperature between the gas and its background. The temperature difference between the gas molecules and the surrounding air and ground is measured by the camera. An analysis is performed of the temperature within each image pixel using a complex algorithm to produce the image. The infrared image is presented as a white hot image or black hot image depending on user preference and the scene dynamics.
In the ECG, the infrared spectrum is optimized for the detection of hydrocarbon gases. The infrared image processing is designed to enhance the contrast between fixed background objects, such as valves, fittings, and vent pipes, and non-stationary hydrocarbon gas plumes due to gas leaks. Gas leaks are detected only in the infrared wavelength range. The visible spectrum is used to provide a means to identify and record the object (the value, pipe or fitting) that is leaking.
The ECG camera is a composite good incorporating an infrared camera and a visible image video camera. Under the General Rules of Interpretation 3(b)(VIII), the factors that will determine the essential character of a composite good will vary. The essential character may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. In this case, the essential character of the ECG camera is imparted by the infrared camera. The infrared camera incorporated in the ECG performs the function of detecting gas leaks by determining the temperature differential between the gas leak and the surrounding air and ground.
The applicable subheading for the EYE-C-GAS will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof; other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): other: electrical: other. The rate of duty will be free.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division