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

Mr. Sheldon Duek
Batco Manufacturing/AG Growth Industries
2165 North Service Road West
Swift Current, Saskatchewan S9H 5K9
Canada

RE: The tariff classification of a cushion block with needle valve from Canada

Dear Mr. Dueck:

In your letter dated November 30, 2009 you requested a tariff classification ruling.

The article in question is described as an aluminum “cushion block”, part number P020200350. You indicate that the cushion block incorporates a needle valve and is used on a hydraulic conveyor for the purpose of cushioning hydraulic fluid to prevent unwanted sudden movements of the conveyor.

The applicable subheading for the cushion block will be 8481.20.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for flow control type hydraulic valves. The general rate of duty will be 2 percent ad valorem.

You also inquire as to the marking of the cushion block and the applicability of any trade programs or agreements. Based on the information you have provided, if the cushion block originates from Canada, then it must be marked to indicate Canada as the country of origin and will be eligible for preferential treatment under the North American Foreign Trade Agreement (NAFTA), provided all applicable regulatory requirements are met.

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