The tariff classification of an Omni-Tech demonstration unit from China.

N121740 September 17, 2010 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9023.00.0000 Ms. Johanna OhColumbia Sportswear 14375 NW Science Park DrivePortland, OR 97229 RE: The tariff classification of an Omni-Tech demonstration unit from China. Dear Ms. Oh: In your letter dated September 2, 2010, you requested a tariff classification ruling. You state: “The Demonstration Unit is a metal display unit that would be placed on a table for demonstration purposes. The Unit is made of a metal housing and three acrylic domes screwed on top of this unit. In each of the plastic domes tight to the metal frames is attached a small piece of fabric for testing purposes only. The front side of the demonstration tool is made out of Plexiglass with a screen printed graphic. Inside the metal box is equipped with a small aquarium pump and vinyl tubing which is operated by two D cell batteries. The two batteries will not be included with international shipments. The operating instructions of the unit shows that each type of fabric acts differently in contact with water and air flow. This demonstration tool is specifically built to demonstrate the advantage of specific proprietary fabric technology.” You add that the Omni-Tech Demonstration Unit is currently manufactured in the United States, but you plan on manufacturing future kits in China. It is impossible to make a material which is both 100 percent waterproof from the exterior and as breathable, e.g., as cotton mesh, in allowing water vapor (from sweat) to exit. Although your device is used specifically for these three fabrics, it would be useful in demonstrating (while not providing an actual measurement) the differences in permeability of other similar materials via the indirect method of noting the amount of bubbling that can be seen. As explained at www.trailspace.com/blog/outdoor-retailer/?page=2, in the section entitled Columbia "Ultra-breathable" fabric, written by a retailer who saw the demonstration at a trade show, “Each of these little containers has air forced through the fabric and water droplets representing the waterproof side -- the one on the left with the most bubbles represents the new Omni-Dry technology; the one in the middle is the current Omni-Dry; the right is Gore-Tex.” We agree that the applicable subheading for Omni Dry Demonstration Unit will be 9023.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof. The rate of duty will be free. 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