VOD Probe-Blast Evaluator
Active· CBP ruling HQ 084599· Issued 1989-08-23
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.