CLA-2-84:S:N:N3:102 899972
Mr. Edmundo Rodriguez
Nestor Reyes, Inc.
P.O. Box 4528
Old San Juan Station
San Juan, Puerto Rico 00902-4528
RE: The tariff classification of a plastic valve assembly from the United Kingdom
Dear Mr. Rodriguez:
In your letter dated July 12, 1994, on behalf of your client, Ohmeda Caribe, Inc., you requested a
tariff classification ruling.
The item at hand, Ohmeda stock number 400-441, is a plastic valve assembly that mounts onto the opening
of a glass bottle containing anaesthetic agent. The valve consists of a threaded, cap-like base that allows
the assembly to be screwed onto the top of the bottle. The top of the valve consists of an elongated neck with
a rubber O ring at the open end. The valve stem consists of a spring-loaded plunger that fits tightly up
against the valve seat. The valve is used in conjunction with a vaporizing device. Insertion of the valve neck
into the vaporizer forms a seal on the O ring before the valve is opened. A probe in the vaporizer pushes in
on the valve core assembly, thereby opening the valve and allowing transfer of the anaesthetic liquid to the
vaporizer. When the bottle is removed from the vaporizer, the spring reseals the valve.
In your letter you indicated your belief that this valve assembly should be properly classified under
the tariff provision covering self-operating regulator valves designed to control such variables as temperature,
pressure, flow and liquid level, HTS item 8481.80.9015. This office does not concur with that position. The
valve at issue does not automatically open and close based on internally sensed variables. It does not monitor
and respond to changes in temperature, pressure, flow rates or other such factors. The assembly is a spring-
loaded, manually actuated valve. The physical effort of inserting the valve nozzle into the vaporizer, wherein
the fixed probe is pushed against the spring-loaded plunger, constitutes manual operation.
The applicable subheading for the plastic valve assembly will be 8481.80.5090, Harmonized Tariff
Schedule of the United States (HTS), which provides for taps, cocks, valves and similar appliances, hand
operated, of plastic. The rate of duty will be 4.4 percent ad valorem.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R.
177).
A copy of this ruling letter should be attached to the entry documents filed at the time this
merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the
attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport