The tariff classification of The Designated Driver from China

NY M84045 June 16, 2006 CLA-2-90:RR:NC:N1:105 M84045 CATEGORY: Classification TARIFF NO.: 9027.10.2000 Mr. Ron Reuben Danzas Air & Ocean 4000 Redondo Beach Ave., Suite 103 Redondo Beach, CA 90278 RE: The tariff classification of The Designated Driver from China Dear Mr. Reuben: In your letter dated June 02, 2006, for Joseph Venezia, you requested a tariff classification ruling. A sample was submitted. The sample’s packaging is imprinted, THE DESIGNATED DRIVER, YOUR PERSONAL BREATH ALCOHOL TESTER. The item number is JV8801. You state, “This battery device is a hand held machine that is attached to a key chain. The subject simply turns on the device using the ‘power’ switch and breathes for several seconds into the breath pipe located at the top. The subject does not have to touch the device, only breath on it. The breath is tested for ethanol vapors and this analysis is immediately available on the digital display located on the front panel.” We note that the sample does not have a “breath pipe” at the top, but it does have a grilled opening so that the user can blow into it. You also state, “The sensing element is comprised of SnO2 multi-crystalloid appending propriety extender. It has tiny pearl structure, in the presence of ethanol vapors in airs. A simple electrical circuit can convert the change in conductivity to an output signal which corresponds to the alcohol concentration.” The applicable subheading for the DESIGNATED DRIVER will be 9027.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “electrical” gas or smoke analysis apparatus. The rate of duty will be 1.7 percent ad valorem. Per your request, the samples are being returned to you, in a separate mailing.  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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division