CLA-2-90:OT:RR:NC:4:405

Mr. Reid Shepley
Boshart Industries
P.O. Box 310, 25 Whaley Avenue
Milverton, Ontario NOK 1MO

RE: The tariff classification and country of origin of a tank fitting package exported from Canada

Dear Mr. Shepley:

In your letter dated April 18, 2013, you requested a tariff classification and country of origin ruling. No samples were provided.

The merchandise under consideration is identified as sku number Z-ARJ7-2NL which consists of a no-lead pressure gauge, a no-lead stainless steel pipe nipple, a no-lead brass relief valve, a no-lead brass sediment valve, and a no-lead pressure switch-manostat.

You indicate that sku number Z-ARJ7-2NL will be the same as the tank fitting package classified in New York Ruling Letter N006439 -105, dated March 9, 2007, with the exception that the imported carton will not include the “actual tank tee that the parts connect to.”

That does not change our conclusion that the import, sku number Z-ARJ7-2NL, will likewise be a set under GRI 3 whose essential character will be provided by the manostat/pressure switch, classified in subheading 9032.20.0000, Harmonized Tariff Schedule of the United States (HTSUS). HTSUS GRI 3(b) states: "Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable." As classified in ruling number N006439, the applicable subheading for this tank fitting package will be 9032.20.0000, HTSUS, which provides for Manostats. The rate of duty will be 1.7 percent ad valorem.

As determined in ruling number N006439, the country of origin of this tank fitting package is Mexico.

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