CLA-2-29:S:N:N7:239 889378

Ms. P.A. Johnson
C.H. Powell Company
P.O. Box 270
Greer, S.C. 29652

RE: The tariff classification of an aerosol power unit from Switzerland.

Dear Ms. Johnson:

In your letter dated August 11, 1993, and written on behalf of your client, Siroflex, Inc. you requested a tariff classification ruling.

The aerosol power unit consists of a small canister with a plastic lid. The canister will be filled with propane (35-40%) and butane (55- 60%). After importation the canister is to be assembled with a plastic tube containing various sealants. All of the products that are being combined with the power unit are of U.S. origin. The final product will be a disposable caulking gun in which the imported gas filled canister will act as the propellant.

The applicable subheading for the aerosol power unit will be 2711.19.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for other liquified petroleum gases. The rate of duty will be free.

Your inquiry also concerns the marking of the aerosol power unit. Based on Customs Regulation 134.35 the aerosol power, which will be combined by the importer with other items to make a finished product, will be excepted from marking. However the outermost containers of the imported product must be marked with the country of origin.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport