CLA-2-90:OT:RR:NC:N4:405
Victor E Reinhold
Global Import/Export Compliance Manager
Gilbarco Veeder – Root
7300 West Friendly Avenue
Greensboro, NC 27410
RE: The tariff classification of a C+ Meter and parts for a C+ Meter from India.
Dear Mr. Reinhold:
In your letter dated August 21, 2012, on behalf of Gilbarco Inc., you requested a tariff classification ruling. No samples were provided.
You are requesting the classification of a “C+ meter” and “certain” items that you intend to use as parts of same.
The C+ meter is a subassembly of a Fuel Dispenser that is assembled in the United States. You describe it as follows: “The C+ Meter is a positive displacement meter that operates with both Gasoline and Diesel Fuels. Functionally, the C+ Meter is a volumetric flow meter that has an important calibration and volume flow function. Fuel enters the meter and passes through an internal cam and main shaft assembly. The output shaft rotates as Fuel passes through the chamber and these rotations are converted into Electric signals by a ‘Pulser’ or signal transmitter for Digital Volumetric Display. The C+ Meter nominally produces a specific volume per one revolution of the output shaft. The calibration of the meter is done electrically by authorized service personal using the Fuel Dispenser Keypad.”
From your description, the C+ appears to be “electrical” as defined by Chapter 90, HTSUS, Additional U.S. Note 2 and does not, itself, sum up to total quantity which has passed through so it is not excluded from HTSUS 9026 as a liquid meter of HTSUS 9028.20.00, noting the distinction in Harmonized System Explanatory Note I to 9026.
The applicable subheading for the C+ meter Subassembly will be 9026.10.2040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, “electrical” flow meters for liquids. The rate of duty will be Free.
Regarding the “certain” items that you intend to use as parts of the C+ meters, we are returning your request for a ruling on behalf of Gilbarco Inc., and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below for each of the items:
Samples, photographs, drawings or other pictorial representations of the items both separately and within the subassembly. If a drawing has a pictorial representation of more than one item, indicate which item is which by circling and labeling each, etc.
Descriptive literature or a detailed explanation on the use of the item(s).
Descriptive literature or a detailed explanation on how the item(s) operate/function.
Country of origin.
Please limit your ruling request to a maximum of 5 items.
Note that classification as parts within HTSUS 9026 will apply to separately imported parts if identifiable as suitable for use solely or principally as parts or accessories of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of one particular item (see Headquarters Ruling Letter 965546, 8-6-02), if not excluded from that heading by Note 2(a) or (c) to Chapter 90 or by HTSUS Add. US Rule of Interpretation 1-c (see HRLs 965968, 12-16-02, and 967233, 2-18-05) or from Chapter 90 by its Note 1. The information/samples provided should be detailed and documented sufficiently for those determinations to be made for each item.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division