CLA-2-85:OT:RR:NC:N1:405
Karl F. Krueger
Radix Group International DBA
DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060
RE: The tariff classification of gas pump pulsers and a Mag Probe from Canada
Dear Mr. Krueger:
In your letter dated May 24, 2016, on behalf of Veeder-Root Company, you requested a tariff classification ruling.
The two gas pump pulsers under consideration are identified by model numbers 1871 and 7671. The pulse transmitters, intended for use in gasoline dispensing pumps, generate an electrical pulse signal that represents so many pulses per revolution (or gallons or liters of product). The electrical pulses are picked up remotely by a separate device that determines from the pulses how much volume has been pumped. In Model 1871, the transmitter utilizes a dry-reed single pole, single throw switch, magnet and gear train to send one pulse per revolution. In model 7671, the transmitter uses a solid state switching mechanism to read the rotations and send the pulses to the reader.
The Mag Probe, identified by item number 846390, is a magnetostrictive probe with two floats adapted to move vertically along its shaft. The product is used for the dual purpose of measuring the fuel level (gasoline, diesel and other fluids) in an underground storage tank and to detect potential leaks in the tank. When the Mag Probe is extended into a storage tank, one of the floats determines the level of liquid product stored in the tank; the second float reports if the tank is leaking by showing a sudden or unaccounted for drop in the level of the product. The two floats have magnets that operate in conjunction with a tank monitor to display their findings. The information that is collected by the Mag Probe is transmitted to a remote console for reading and record keeping. Based on the information provided, the Mag Probe appears to be “electrical” as defined by Additional U.S. Note 2 to Chapter 90.
The applicable subheading for the gas pump pulsers will be 8543.70.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Electric synchros and transducers;…”. The rate of duty will be 2.6% ad valorem.
The applicable subheading for the Mag Probe will be 9026.10.2080, HTSUS, which provides for Instruments and Apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters)…; parts and accessories thereof: For measuring or checking the flow or level of liquids: Electrical: Other. 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 https://hts.usitc.gov/current.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division