CLA-2-90:OT:RR:E:NC:N1:105
Mr. Jason Hackett
Accessories Marketing
800 Farroll Road
Grover Beach, CA 93466
RE: The tariff classification of a magnetic pencil gauge from China.
Dear Mr. Hackett:
In your letter dated September 19, 2008, you requested a tariff classification ruling. No sample was provided.
From the image of the packaging that you sent, the Slime Magnetic Pencil Tire Gauge comes with eight additional valve caps. The “Pencil” is so named due to its long and thin design in which more of an inner barrel is exposed when the pressure encountered is higher. Air pressure from 10 to 50 pounds per square inch can be read off. The item will be imported on a single display card with a transparent plastic cover.
Although you have not submitted a sample, it is clear that the gauge is not “electrical” as defined by HTSUS Chapter 90, Additional U.S. Note 2, i.e., For the purposes of this chapter, the term "electrical" when used in reference to instruments, appliances, apparatus and machines, refers to those articles the operation of which depends on an electrical phenomenon which varies according to the factor to be ascertained.
You stated that you “would prefer to bring these items under one classification.”
Your import is a set per HTSUS General Rule of Interpretation 3, and the Tire Gauge, per se, equally merits consideration, at minimum, in supplying the set’s essential character and is classified in a heading which is later in the HTSUS than the valve caps.
The applicable subheading for this Tire Gauge set will be 9026.20.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for non-"electrical" instruments and appliances for measuring or checking pressure of liquids or gases. The 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/.
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,
Robert B. Swierupski
Director
National Commodity Specialist Division