CLA-2-84:RR:NC:1:102 I88427

Mr. Randy Young
Siph-O
201 Bridgecreek Drive
Myrtle Beach, SC 29588

RE: The tariff classification of a toilet flushing device and related parts from Taiwan

Dear Mr. Young:

In your letter dated November 6, 2002 you requested a tariff classification ruling on behalf of Siph-O. The articles in question are described as a flusher, a flush handle, tank bolts and a plastic wrench. Photographs of the articles were submitted.

The information made available reveals that the flusher is a hand operated valve of plastic designed for installation within a toilet tank. A bevel washer, nut and gasket are included with the flusher to facilitate installation. The flush handle is used in conjunction with the flusher and provides the means of actuation for the valve mechanism. The “tank bolts” are used to replace parts used in the assembly of a tank type toilet and actually include two brass bolts, two brass nuts, two stainless steel washers and two rubber washers. We will assume for the purpose of providing this ruling that the bolts, nuts and washers are presented as a set, packed together ready for sale at retail. As such the tank bolts are set for tariff purposes and we find that the brass bolts are the components that gives the set its essential character. The plastic wrench is a hand tool used to tighten the nut used to mount the flusher within the toilet tank. The applicable subheading for the flusher will be 8481.80.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for taps, cocks, valves and similar appliances, hand operated, of other materials. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the flush handle will be 8481.90.5000, HTSUS, which provides for parts of taps, cocks, valves and similar appliances, hand operated, of other materials. The rate of duty will be 3 percent ad valorem.

The applicable subheading for a set of tank bolts will be 7415.33.8010, HTSUS, which provides for other screws, bolts and nuts, of copper, having shanks, threads or holes 6 mm or more in diameter. The rate of duty will be 3 percent ad valorem

The applicable subheading for the plastic wrench will be 3926.90.9880, HTSUS, which provides for other articles of plastic, other. The rate of duty will be 5.3 percent ad valorem.

If the flusher is presented together with the flush handle, and/or the tank bolts, and/or the wrench as set, packed ready for sale at retail, then the applicable subheading for the flusher set will be 8481.80.5090, HTSUS, which provides for taps, cocks, valves and similar appliances, hand operated, of other materials. The rate of duty will be 3 percent ad valorem

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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division