The tariff classification of cold cathode ionization gauge (CCIG)
Issued July 24, 2013 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9026.20.4000
Headings: 9026
Product description
In your letter, you describe the import as a cold cathode ionization gauge (CCIG) which provides an indirect measurement of vacuum total pressure by ionizing gas molecules inside its vacuum gauge envelope and then measuring the resulting ion current. The attached Brooks flyer indicates that its measurement range is 2x10 -2 torr to 1x10 -9 torr and that its accuracy after calibration is plus or minus 10 percent. That is a typical accuracy level for measuring such low pressures. Harmonized System Explanatory Note III to 9026 indicates that it applies to vacuum gauges for measuring very low pressures, including ionization gauges. Chapter 90, Harmonized Tariff Schedule of the United States (HTSUS), Additional U.S. Note 2, states: “For the purposes of this chapter, the term ‘electrical’ when used in reference to instruments, appliances, apparatus and machines, refers to those articles the operation of which depends on an electrical phenomenon which varies according to the factor to be ascertained.” The pressure measurement depends on the level of the ion current, which is an electrical phenomenon which varies directly with the pressure level. Thus, the CCIG is clearly “electrical” per that Note.
CBP rationale
The applicable subheading for the CCIG will be 9026.20.4000, HTSUS, which provides for “electrical" instruments and appliances for measuring or checking pressure.
Full text
N244091 July 24, 2013 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: 9026.20.4000 Ms. Kim Witkum Brooks Automation 15 Elizabeth Drive Chelmsford, MA 01824 RE: The tariff classification of cold cathode ionization gauge (CCIG) Dear Ms. Witkum: In your letter dated July 16, 2013, you requested a tariff classification ruling. No samples were provided. In your letter, you describe the import as a cold cathode ionization gauge (CCIG) which provides an indirect measurement of vacuum total pressure by ionizing gas molecules inside its vacuum gauge envelope and then measuring the resulting ion current. The attached Brooks flyer indicates that its measurement range is 2x10 -2 torr to 1x10 -9 torr and that its accuracy after calibration is plus or minus 10 percent. That is a typical accuracy level for measuring such low pressures. Harmonized System Explanatory Note III to 9026 indicates that it applies to vacuum gauges for measuring very low pressures, including ionization gauges. Chapter 90, Harmonized Tariff Schedule of the United States (HTSUS), Additional U.S. Note 2, states: “For the purposes of this chapter, the term ‘electrical’ when used in reference to instruments, appliances, apparatus and machines, refers to those articles the operation of which depends on an electrical phenomenon which varies according to the factor to be ascertained.” The pressure measurement depends on the level of the ion current, which is an electrical phenomenon which varies directly with the pressure level. Thus, the CCIG is clearly “electrical” per that Note. The applicable subheading for the CCIG will be 9026.20.4000, HTSUS, which provides for “electrical" instruments and appliances for measuring or checking pressure. The general 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, Thomas J. Russo Director National Commodity Specialist Division
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