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U.S. Customs Intends To Reclassify Mass Flow
Controller Under Heading 9032 As
Automatic
Regulating Or Controlling Instruments

December 16, 2009

In HQ H028098, U.S. Customs and Border Protection (CBP) has announced that it intends to revoke NY R01762, April 26, 2005, and to reclassify certain Mass Flow Controllers (MFC) from 8481 as a self-regulating valves to 9032.89.60, Automatic regulating or controlling instruments and apparatus: Other: Other: Other: Flow and liquid level control instruments.  (See HQ H029098.)

In NY R01762, April 26, 2005, CBP originally classified the MFC under 8481 as a device that was a combination of a valve and a measuring, checking or automatically controlling instrument or apparatus.  However, in HQ H028098 CBP finds that the MFC is actually classifiable under 9032.89.69 as the MFC is not only a value and measuring apparatus but also directs and analyzes the gas flow, features which are beyond the scope of heading 8481. Further, the measuring instrument is not mounted directly on the control valve as it must be in order for the device to be classifiable under 8481.

CBP is invited public comment for the 30-day period until January 10, 2010. 

For assistance or additional information, please contact George Tuttle, III at (415) 986-8780 or geo@tuttlelaw.com.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in San Francisco.

 

 

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

Copyright 2009 by Tuttle Law Offices.

All rights reserved. Information has been obtained from sources believed to be reliable. However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

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