CLA-2-74:OT:RR:NC:N1:113
Ms. Patti A. McQuade
Brasstech Inc.
2001 Carnegie Avenue
Santa Ana, CA 92705
RE: The tariff classification of a hand shower, deck flange trim and elbow assembly from an unspecified country
Dear Ms. McQuade:
In your letter dated October 15, 2012, you requested a tariff classification ruling. Specification drawings of the subject hand shower, deck flange trim, elbow assembly and hose assembly were submitted for our review.
The four articles for which you are requesting a ruling are identified as the hand shower assembly (item number 283-4), the deck flange trim (item number 6-289-4), the elbow assembly (item number 2-846) and the hose assembly (item number 284). The hand shower assembly is made of brass and is used to rinse the body after a bath. Another example of its function would be for use as a shower. The hand shower under consideration is engaged by a diverter handle that is sold separately. A valve is required to control the flow of water and is not part of this ruling request. The valves are sold separately. The deck flange trim is made of brass and is used to house the hand shower when it is not in use. The elbow assembly is made of brass and is used to connect the hand shower to the hose. You noted that in Headquarters Ruling H027022 dated February 1, 2010, Customs and Border Protection classified brass showerheads that do not incorporate cut-off valve mechanisms in heading 7419, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper.
The applicable subheading for the brass hand shower, deck flange trim and elbow assembly will be 7419.99.5010, HTSUS, which provides for other articles of copper, other, other, other, other, brass plumbing goods not elsewhere specified or included. The general rate of duty will be free.
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/.
Your inquiry does not provide enough information for us to give a classification ruling on the hose assembly. Please submit the information described as follows:
Please provide a sample of the hose assembly (item number 284). Identify the exact name of the rubber component, e.g., nitrile butadiene rubber (NBR), styrene butadiene rubber (SBR), ethylene propylene diene monomer rubber (EPDM), neoprene, etc.
What is the function of the exterior brass component on the hose? Is it in the form of a solid shell, a braided reinforcement or some other form? Is the rubber in the form of a lining or does it form the actual hose component?
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. 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.
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 Ann Taub at (646) 733-3018.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division