The tariff classification of the Midas Meter from Great Britain.
Issued March 28, 2011 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9031.80.8085
Headings: 9031
Product description
The Midas Meter Acoustic Emission Leak Detector for Valves is a handheld device that is brought in proximity to operational valves, one at a time. It will “(q)uickly find leaking valves and quantify the leak rate.” It thus is used to inspect the valves to determine whether they conform to an imperfection-free standard and then quantify the degree of imperfection, i.e., leak. No other equipment is needed, just someone to operate it. You propose classification in Harmonized System heading 9027. However, the Midas Meter does not analyze at all the type of gas that is leaking, just that a gas is leaking. This is unlike the items in Harmonized System Explanatory Note 10 to 9027 which includes apparatus for “detecting leaks in mains” by being able to measure the level in the surrounding air, if any, of the specific gas in the main.
CBP rationale
The applicable subheading for the Midas Meter will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90.
Full text
N152730 March 28, 2011 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Stan Hale Score Atlanta, Inc. 975 Cobb Place Boulevard, Suite 202 Kennesaw, GA 30144 RE: The tariff classification of the Midas Meter from Great Britain. Dear Mr. Hale: In your letter dated March 8, 2011, you requested a tariff classification ruling. No samples were provided. The Midas Meter Acoustic Emission Leak Detector for Valves is a handheld device that is brought in proximity to operational valves, one at a time. It will “(q)uickly find leaking valves and quantify the leak rate.” It thus is used to inspect the valves to determine whether they conform to an imperfection-free standard and then quantify the degree of imperfection, i.e., leak. No other equipment is needed, just someone to operate it. You propose classification in Harmonized System heading 9027. However, the Midas Meter does not analyze at all the type of gas that is leaking, just that a gas is leaking. This is unlike the items in Harmonized System Explanatory Note 10 to 9027 which includes apparatus for “detecting leaks in mains” by being able to measure the level in the surrounding air, if any, of the specific gas in the main. The applicable subheading for the Midas Meter will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7% ad valorem. 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
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