The tariff classification of the PicoFlow from Germany

N289669 September 21, 2017 CLA-2-90:OT:RR:NC:N1:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Robert Harrison GTS, Inc. PO Box 799 Shalimar, FL 32579 RE: The tariff classification of the PicoFlow from Germany Dear Mr. Harrison: In your letter dated August 23, 2017, you requested a tariff classification ruling. The product at issue, identified as the PicoFlow, is described as a measuring system designed to measure powder flows in transport lines. Per the information provided with your submission, the PicoFlow is said to be specially developed for measuring the flow of pneumatically conveyed solids. The instrument is specifically designed for use in applications with very low material concentrations and low solid-to-air ratios. The PicoFlow is intended to be installed in metallic ducts and pipelines. Once installed, the instrument’s ceramic-coated electrodynamic sensor takes continuous measurements of the mass flow rate of any particulate matter in the line. The PicoFlow can delivers absolute measurement of the powder flow in grams per hour (g/hr), kilograms per hour (kg/hr), or pounds per hour (lbs/hr), and, when combined with a transmitter, can deliver said measurements to a computer or control center. You suggest classification of the PicoFlow in heading 9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring the flow, level, pressure, or other variables of liquids or gases. While the heading language of 9026 indicates that the heading includes flow meters, the heading only covers instruments and apparatus that measure the flow, level, pressure, etc., of liquids and gases. Based on the information provided, the PicoFlow only performs measurements of the mass flow of particulate matter in a transport line; it performs no measurements of the flow of air. Additionally, as the PicoFlow is evidently only measuring the mass flow of the particulate matter in the line (measured in g/hr, kg/hr, or lbs/hr), rather than other variables such as the concentration of particulate matter in the air, it would not be considered an instrument for physical or chemical analysis of heading 9027. The applicable subheading for the PicoFlow will be 9031.80.8085, HTSUS, Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other. The rate of duty will be 1.2% 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 https://hts.usitc.gov/current. 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 Evan Conceicao at evan.m.conceicao@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division