VOD Probe-Blast Evaluator

Active· CBP ruling HQ 084599· Issued 1989-08-23

Ruling
HQ 084599
Issued
Status
Active
Category
Classification
HS prefixes
9031.40
Tariff numbers
9031.40.0000

Ruling text

HQ 084599

                                    August 23, 1989

            CLA-2 CO:R:C:G 084599 VEA

            CATEGORY: Classification

            TARIFF NO.: 9031.40.0000

            Anthony H. Liuzzo, President
            Martin-Perkins and Associates, LTD.
            P.O. Box 11400, Station H
            Nepean
            Ontario, Canada K2H7V1

            RE: VOD Probe-Blast Evaluator

            Dear Mr. Liuzzo:

                   Your letter of April 24, 1989, requests a ruling on
            behalf of Instantel Inc., on the classification of the VOD
            Probe-Blast Evaluator, under the Harmonized Tariff Schedule of
            the United States Annotated (HTSUSA).


            FACTS:

                   The article consists of a portable electric unit, called
            a Probe-Blast Evaluator, and is used to measure the detonation
            velocity of a blast by measuring the velocity of an explosion
            and comparing it to optimum values.  Literature submitted with
            the request states that the Probe-Blast Evaluator measures the
            detonation velocity of explosives using fibre optic probes.

                   The probes are inserted into the explosives at
            predetermined intervals.  As the explosives detonate, the
            resultant light which is emitted, hits each fibre probe at a
            separate time.  The time delay and the specified probe spacing
            determine the detonation velocity.

                   You state that the unit should be classified in
            subheading 9027.80.4090.


















                                         - 2 -


            ISSUE:

                   Whether the VOD Probe-Bast Evaluator is an instrument,
            or apparatus for measuring or checking quantities of heat,
            sound or light classified in heading 9027, subheading
            9027.80.4090; or a measuring or checking instrument (other
            optical instruments and appliances), not specified or included
            elsewhere classified in heading 9031, subheading 9031.40.0000.

            LAW AND ANALYSIS:

                   The General Rules of Interpretation (GRIs), the legal
            principles by which merchandise is classified, governs
            classification under the HTSUSA.  GRI 1 states, in part, that
            classification shall be determined according to the terms of
            the headings and any relative section or chapter notes.  The
            headings at issue, 9027 and 9031 provide:

                   9027     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.

                    *    *    *   *    *   *   *   *   *   *   *   *    *

                   9031     Measuring or checking instruments, appliances
                            and machines, not specified or included
                            elsewhere in this chapter; profile projectors;
                            parts and accessories thereof:

                   *     *    *    *    *    *   *    *    *   *    *   *

                   9031.40.00        Other optical instruments and
                                     appliances






















                                         - 3 -


                   Based on the language of heading 9027, the article in
            this case cannot be classified in that heading.  Classification
            in 9027 requires that the instrument or apparatus be used to
            measure or check quantities of heat, sound or light.  The VOD
            Probe-Blast Evaluator's function is to measure the detonation
            velocity of an explosion.  Although light is involved in the
            process, the unit does not measure quantities of light as
            required by heading 9027.  Assessing the detonation velocity of
            explosives involves measuring the time delay that occurs when
            the light, which is caused by the explosion, hits each fibre
            optic probe; and the specified probe spacing.

                   The VOD Probe-Blast Evaluator is properly classified in
            heading 9031.  This heading applies to measuring or checking
            instruments, appliances and machines, not specified or included
            elsewhere in chapter 90.  The Explanatory Notes (ENs) for 9031
            state that this heading also covers optical type measuring and
            checking appliances and instruments.  The VOD probe-Blast
            Evaluator is a measuring instrument, which measures the
            velocity of an explosion through the use of an optical element,
            i.e. fiber optic probes.


            HOLDING:

                   The Probe-Blast Evaluator is a measuring or checking
            instrument (other optical instruments and appliances), not
            specified or included elsewhere classified in heading 9031,
            subheading 9031.40.0000, HTSUSA.


                                      Sincerely,




                                      John Durant, Director
                                      Commercial Rulings Division

Source: rulings.cbp.gov — ruling 084599, retrieved 2026-10-12T05:18:34Z, republished verbatim. This digest is informational; only CBP issues binding rulings.

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