CLA-2-84:OT:RR:NC:N1:105
Christine Jasper
Wild Manta
1071 Port Malabar Blvd., Suite 109
Palm Bay, Florida 32905
RE: The tariff classification of a replacement aerosol spray nozzle from China.
Dear Ms. Jasper:
In your letter dated June 16, 2020, you requested a tariff classification ruling. No sample was provided but a detailed scaled drawing was submitted with your ruling request.
The product under consideration is identified as a replacement aerosol spray nozzle designed to be screwed into the top of an automotive lubricant can. The nozzle is made of copper alloy. In operation, the user would press the top of the aerosol spray nozzle, which would exert force on the spray can valve. The valve is part of the spray can and not a part of the aerosol spray nozzle. The automotive lubricant would move up the hose and out through the nozzle applying a uniform spray of lubricant.
The applicable subheading for the replacement aerosol spray nozzle will be 8424.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Parts: Other: Other.” The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8424.90.9080, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8424.90.9080, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 the 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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division