CLA-2-84:OT:RR:NC:N1:102

Ms. Cynthia A. Benway
Taco, Inc.
1160 Cranston Street
Cranston, Rhode Island 02920

RE: The tariff classification of a motorized valve from China

Dear Ms. Benway:

In your letter dated June 18, 2009 you requested a tariff classification ruling. A description and a sample were submitted.

The article in question is described as a motorized valve used in conjunction with a separate thermostat or other control device to control flow in chilled water, hot water and low pressure steam systems. The valve is actuated by an electric motor with a spring return. When a signal is received from the control device, the valve is energized allowing fluid to flow through the valve. When de-energized the valve closes to stop fluid flow.

In your request you suggest that the subject valve may be classifiable in subheading 8481.80.9015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for self-operating, regulator valves. However, the valve is controlled by a separate control device and is not self-operating.

The applicable subheading for the subject valve will be 8481.80.9025, HTSUS, which provides for other taps, cocks, valves and similar appliances, with electrical or electro-hydraulic actuators. The rate of duty will be 2 percent ad valorem.

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 Kenneth T. Brock at (646) 733-3009.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division