The tariff classification of the Camsizer from Germany

N150775 March 29, 2011 CLA-2-09:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NO.: 9031.49.9000 Mr. Brian Sears Horiba Instruments, Inc. 34 Bunsen Drive Irvine, CA 92618 RE: The tariff classification of the Camsizer from Germany Dear Mr. Sears: In your letter dated February 23, 2011 you requested a tariff classification ruling. The Camsizer is referred to as a dynamic image analysis analyzer. It is used for particle size and particle shape measurement of dry, pourable bulk materials using dynamic image analysis. The bulk material flow falls between the high intensity LED strobe light source, and the digital cameras. The particles are optically recorded, digitized and processed in the connected computer. The instrument is used in quality control applications, research applications and production monitoring. In operation, the bulk material is fed into the instrument through the feed channel so that all the particles fall through the measurement field. During the measurement procedure, two digital cameras perform different tasks. The basic camera, the CCD-B, records large particles and the zoom camera, the CCD-Z, records the small particles. This contact free optical measurement is carried out in real time and simultaneously obtains the particle size and particle shape. Graphical presentation of the results is available while the measurement is running and the measurement process can be checked visually by observing the visible images. You suggested classification under subheading 9027.80.45.60, HTSUS. Regulations and Rulings in the Office of Trade issued a classification ruling on particle size and distribution measuring instruments. The ruling, HQ 955445 dated January 19, 1994, classified the particle size and distribution instrument under subheading 9031.40.00, HTSUS, which is now subheading 9031.49.90, HTSUS. Classification under heading 9027, HTSUS, was determined to be incorrect because the instrument did not analyze the particles. The instrument measured size, distribution and shape of the particles without performing an analysis of the particles. Also, Regulations and Rulings issued a classification ruling on an image analysis system. The ruling, HQ 088025 dated January 17, 1991, classified an image analysis system under 9031.40.00, HTSUS, which is now 9031.49.90, HTSUS. Classification of the image analysis system under heading 9027, HTSUS, was determined to be incorrect because the instrument did not perform physical analysis. The applicable subheading for the Camsizer will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other optical measuring or checking instruments. The rate of duty will be 3.5 percent ad valorem. 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