CLA-2-28:OT:RR:E:NC:2:236

Mr. Gilbert Walton
Kidde Fenwal Inc.
400 Main Street
Ashland, MA 01721

RE: The tariff classification of a nitrogen filled cartridge

Dear Mr.Walton:

In your letter dated July 24, 2009 you requested a tariff classification ruling.

Your descriptive literature states that you plan to import nitrogen filled cartridges. The nitrogen cartridge will be used in a fire suppression system.

In your letter you state that once the nitrogen is used the cartridge will be discarded and replaced with a new nitrogen filled cartridge.

The applicable subheading for the nitrogen filled cartridge will be 2804.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Hydrogen, rare gases and other nonmetals: Nitrogen. The rate of duty will be 3.7 per cent 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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division