Sampling Equipment; Precipitation Samplers; Air Samplers; Data Logger; Parts; Accessories; Machines and Mechanical Appliances, not Specified or Included Elsewhere
Active· CBP ruling HQ 087597· Issued 1990-11-27
Ruling text
HQ 087597
November 27, 1990
CLA-2 CO:R:C:G 087597 MBR
CATEGORY: Classification
TARIFF NO.: 8479.89.90
Mr. Wim Smits
Air Quality Technician
Ontario Ministry of the Environment
421 James St. South
Thunder Bay, Ontario, Canada
P7E 2V6
RE: Sampling Equipment; Precipitation Samplers; Air Samplers;
Data Logger; Parts; Accessories; Machines and Mechanical
Appliances, not Specified or Included Elsewhere
Dear Mr. Smits:
This is in reply to your letter of July 9, 1990, requesting
classification of air and precipitation sampling equipment and a
data logger, under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).
FACTS:
The items to be imported are: (1) M.I.C type A precipitation
sampler (to determine metals in precipitation), (2) M.I.C. type B
precipitation sampler (to determine organics in precipitation),
(3) Hi Vol air sampler (to determine toxics in air), (4) Low Vol
air sampler (to determine metals in air), and (5) data logger
(for electronic logging of relevant data). Items 1-4 are
manufactured in Canada, whereas, item 5, the data logger, is a
product of the United States. The Ontario Ministry of the
Environment plans to use these machines in a program to monitor
the toxics in precipitation and air in the Great Lakes Basin. A
monitoring site will be established on each of the Great Lakes.
ISSUE:
What is the classification of air and precipitation sampling
equipment, under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA)? Since the data logger is a product of
the United States, we will not issue a classification decision on
this apparatus.
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LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUSA
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
The air and precipitation sampling equipment is prima facie
classifiable under the following headings:
9027 Instruments and apparatus for physical or chemical
analysis...:
9027.80.40 Other instruments and apparatus: Electrical
* * * * * * * * * * * * *
9027 Instruments and apparatus for physical or chemical
analysis...:
9027.90.40 Parts and accessories
* * * * * * * * * * * * *
8479 Machines and mechanical appliances having individual
functions, not specified or included elsewhere in this
chapter: [o]ther...: [o]ther: [o]ther:
8479.89.90 Other machines and mechanical appliances: Other
Heading 9027, HTSUSA, provides for: "[i]nstruments and
apparatus for physical or chemical analysis...." Clearly, the
precipitation samplers and air samplers are not instruments and
apparatus for physical or chemical analysis since their specific
design and function is to acquire samples, rather than the
performance of physical or chemical analysis. Further, you have
submitted information emphatically stating that these devices do
not perform physical or chemical analysis.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) to heading 9027, HTSUSA, page 1518,
state:
This heading excludes machines or apparatus (whether or not
electric) of the type classified in Section XVI, whether or
not, in view of their low output, small size and general
structure, they are obviously intended for use in
laboratories (e.g., for preparing or treating specimens).
The heading therefore excludes ovens, autoclaves, drying or
steaming ovens or cabinets; desiccators; crushers and
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mixers; centerfuges; stills, presses; filters and filter
presses; stirrers; etc."
Webster's New World Dictionary, Third College Edition,
(1988), defines "prepare" as follows:
...to set in order, get ready, to bring forth, bear; to
make ready, usually for a specific purpose; make suitable;
fit; adapt; train...
Clearly, the function of the air and precipitation samplers
is "to set in order," "get ready," "bring forth" and "bear"
samples for physical or chemical analysis. Thus, the samplers
"prepare" samples, and in so doing, are thereby excluded from
heading 9027, HTSUSA, in accordance with the direction of the EN
governing heading 9027, HTSUSA.
The Explanatory Notes, although not dispositive, should be
looked to for the proper interpretation of the HTSUSA. See 54
Fed. Reg. 35128 (August 23, 1989).
Additionally, the air and precipitation samplers are not
classifiable as "parts" because they are not an integral,
constituent and component part necessary to the proper
functioning of any instrument or apparatus for physical or
chemical analysis. Furthermore, the samplers are not
classifiable as "accessories" because they do not add to the
effectiveness of any instrument or apparatus for physical or
chemical analysis. See United States v. Liebert, 450 F.2d 1405
(1971).
HOLDING:
The instant air and precipitation sampling equipment is
properly classifiable under 8479.89.90, HTSUSA, which provides
for: "[m]achines and mechanical appliances having individual
functions, not specified or included elsewhere in this chapter:
[o]ther...: [o]ther: [o]ther." The rate of duty is 2.2% ad
valorem, if the requirements of the United States-Canada Free
Trade Agreement are met.
EFFECT ON OTHER RULINGS:
HQ 084210, dated July 12, 1989, held that the Biotest RCS
Centrifugal Air Sampler was classifiable under 9027.10.60,
HTSUSA, which provides for: "[i]nstruments and apparatus for
physical or chemical analysis (for example...gas or smoke
analysis apparatus)...[g]as or smoke analysis apparatus: [o]ther:
[o]ther." This ruling held that "the air sample permits air
quality analysis." It is now Customs position that collecting
air samples, which subsequently "permits" air quality analysis to
be performed, (but does not perform any analysis), does not
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qualify air sample acquisition equipment for classification under
9027, HTSUSA, which provides for: "[i]nstruments and apparatus
for physical or chemical analysis." Therefore, the Biotest RCS
Centrifugal Air Sampler is properly classifiable under
8479.89.90, HTSUSA, which provides for: "[m]achines and
mechanical appliances having individual functions, not specified
or included elsewhere in this chapter: [o]ther...: [o]ther:
[o]ther." Ruling Letter HQ 084210, (July 12, 1989), is revoked
under authority of section 177.9(d), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 087597, retrieved 2026-10-12T05:19:54Z, republished verbatim. This digest is informational; only CBP issues binding rulings.