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NY L85215
June 22, 2005
CLA-2-90:RR:NC:N1:105 L85215
CATEGORY: Classification
TARIFF NO.: 9031.80.8085, 9031.90.9095
Mr. Sossi Maghakian Bax Global 2815 W. El Segundo Blvd Hawthorne, CA 90210
RE:     The tariff classification of Load Cells and Parts thereof from China and Singapore
Dear Mr. Maghakian:

     In your letter dated May 23, 2005, for Vishay Transducers, Inc., you requested a tariff classification ruling. Two samples were submitted.
     You state, "The Load Cells are used in platform scales, point of purchase, medical scales, counting scales and packaging machinery. The Load Cells element as per the enclosed sample is a component of a load cell."             The smaller one is marked TEDEA, HUNTLEIGH, Model No. 1040, Single Point Load Cell, Made in China. It is primarily a metal cylinder, about 6 by 1.5 by 1 inch, with several circular holes and two large rectangular cutouts in it. It also has a metal plate, about 2.7 inches long, wrapped around three sides and an integral electric cord with seven electric wires, six coated with colored plastic and one uncoated.
     Per the two page specification sheet from Vishay Transducers which you attached for the Model 1040-41, the rated capacity is between 5 and 100 kilograms, and the total error is from .02 to .03 percent.
     The larger one appears to be essentially a much larger version of just the metal cylinder in the Model 1040. It is approximately 10.5 by 2.5 by 2 inches. Its box is marked 65061-1-2 From Singapore.
     Harmonized System Explanatory Note I-A-30 to 9031 indicates that Load Cells are classified therein.

     As noted Los Angeles Airport ruling, PD A84091, dated June 13, 1996, load cells are transducers which convert mechanical force into a proportional electrical signal which can be measured. The load cell can be used in commercial platform scales, strain gauges, and precision weighing machines and indicators.

The 65061-1-2 is "identifiable as suitable for use solely or principally with" load cells in accordance with Harmonized System General Explanatory Note III to Chapter 90 and is not excluded from Chapter 90 by its Notes 1 or 2-a or by Additional US Rule of Interpretation 1-c. However, it is not sufficiently advanced to be an incomplete Load Cell in accordance with Harmonized System Explanatory Note I to General Rule of Interpretation 2-a.
      The applicable subheading for the 1040 will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in Chapter 90. The rate of duty will be 1.7 percent ad valorem.
     The applicable subheading for the 65061-1-2 will be 9031.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in Chapter 90. The rate of duty will be 1.7 percent ad valorem.
     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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