CLA-2-70:RR:NC:2:226 J81652
Ms. Vickie S. Leavens
Abx Logistics, USA
41873 Ecorse Road, Ste. 200
Romulus, MI 48111
RE: The tariff classification of two glass articles from Germany
Dear Ms. Leavens:
In your letter received on February 27, 2003, on behalf of your client, Globe Fire Sprinkler Corporation, you requested a tariff classification ruling. Two representative samples and a brochure were submitted with your ruling request.
The submitted samples, identified as “Job Thermo Bulbs”, are two small glass bulbs (3 mm and 5 mm) filled with liquid. Each glass bulb is designed to be mounted into a sprinkler system. You indicated in your letter that once the liquid in the bulb is heated, it will cause the bulb to shatter, which triggers the release of the water thereby extinguishing the fire.
In your letter, you suggest that this item should be classified under subheading 8424.90.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders...parts thereof...other. Chapter 84, Note 1(c) excludes from classification in Chapter 84 “machinery, appliances or other articles for technical uses…of glass (heading 7019 or 7020).” The glass bulbs are within the scope of heading 7020 and therefore cannot be classified in heading 8424.
The applicable subheading for the glass bulbs filled with liquid will be 7020.00.6000, HTS, which provides for other articles of glass: other. The rate of duty will be 5 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 Jacob Bunin at 646-733-3027.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division