CLA-2-39:OT:RR:NC:N1:121

Mr. R. Kevin Williams
Rodriguez O’Donnell Gonzalez & Williams, P.C.
8430 West Bryn Mawr Ave. Suite 525
Chicago, IL 60631

RE: The tariff classification of a shower hose from Germany

Dear Mr. Williams:

In your letter dated July 16, 2008, on behalf of Grohe America, Inc., you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

Model 28 417 is identified as a twist-free hose.  The hose is constructed of plastic tubing that is covered with a flexible metal reinforcing overlay.  It includes threaded elements on each end for attachment to a shower system. 

The applicable subheading for the twist-free hose, Model 28 417, will be 3917.39.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tubes, pipes and hoses and fittings therefore, of plastics: other…reinforced with metal.  The rate of duty will be 3.1 percent ad valorem. 

We need additional information in order to issue a ruling on the rain-style shower head, hand shower and shower head. Please submit the information described below:

Provide a detailed explanation as to how “Grohe’s DreamSpray technology” works to distribute the same amount of water to each nozzle. Explain this technology in terms of the Rainshower Jumbo Rain-Style Shower Head, the Relexa Sensia Top 4 Hand Shower and the Relexa Ultra Shower Head 5. In your explanation, provide detail as to which of the components of each of the three aforementioned items are involved in effectuating this technology.

Provide schematic diagrams of each of the three shower heads that are the subject of this ruling request, labeling each component and providing the complete material composition of each component. Along with these diagrams, provide a completely disassembled version of each item, including all components that will be part of each item as imported.

Provide a breakdown of component materials for each shower head by weight. 

Provide a breakdown of component materials for each shower head by value.

The classification of products similar to the Rainshower Jumbo Rain-Style Shower Head is currently under consideration by the Regulations and Rulings Branch, Headquarters. Accordingly, this product cannot be ruled upon at this time. Please submit a separate ruling request for this product.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Barbara Kaiser at (646) 733-3024.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division