CLA-2-85:OT:RR:E:NC:N1:112

Mr. Mike D. Hepburn
A to Z Venture Quest Merchandising
643 Ossington Avenue
Toronto, Ontario
M6G 3T6
Canada

RE: The tariff classification of a hydrogen generator from Canada

Dear Mr. Hepburn:

In your letter dated March 19, 2009, you requested a tariff classification ruling.

The merchandise subject to this ruling is referred to as a hydrogen generator. The item consists of a housing made from PVC pipe. This housing incorporates 4 stainless steel plates, plastic fittings and valves, rubber automotive fuel line and 14 gauge automotive wire.

In use, the hydrogen generator is wired into the ignition system of a vehicle. The housing is filled with distilled water and lye or potassium hydroxide, which acts as a catalyst. When the ignition is turned on, electricity runs through the stainless steel plates which are suspended within the distilled water and they begin to generate hydrogen gas. The hydrogen gas bubbles rise to the top of the housing, out through a fitting and into a rubber tube. The gas then runs through a second cylinder containing water and a bubbler which is used to remove any impurities. A one way check valve and the bubbler prevent the gas from being able to get back into the generator. The hydrogen gas is then fed into the engine along with the normal air intake.

The system is powered by the alternator. The amount of power used by this device is controlled by the amount of the catalyst in the water and monitored by an Am meter gauge which is installed under the dashboard of the vehicle, allowing the driver to monitor the amps being drawn. The generator operates on 12 volts. The purpose of the hydrogen generator is to separate hydrogen from water through an electrolytic process. The item will be used primarily on fleet diesel trucks.

The applicable subheading for the Hydrogen generator will be 8543.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical machines and apparatus…: Machines and apparatus for electroplating, electrolysis or electrophoresis". The rate of duty will be 2.6%.

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 Steve Pollichino at (646) 733-3008.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division