CLA-2-84:OT:RR:E:NC:1:102
Ms. Beth Bell
Forward Logistics Group
1181 Tradeport Drive
Orlando, FL 32824
RE: The tariff classification of components for containment, clean air and laboratory equipment from Indonesia
Dear Ms. Bell:
In your letter dated September 15, 2008 you requested a tariff classification ruling on behalf of your client, ESCO Technologies Inc.
The items in question are described as components/accessories for containment, clean air and laboratory equipment: a blower, an electronic lamp ballast, a circuit breaker, tempered safety glass and a gas spring. Descriptive literature and illustrations were submitted.
The blower, part number EQR/EL-Blower-8, is a centrifugal fan driven by an electric motor. This fan is made of galvanized steel and provides circulated airflow into or out of cabinets. The air is circulated through HEPA or ULPA filters to provide a clean and safe work area.
The electronic lamp ballast, part number EQR/EL-BAL-EBU120, is essentially a steel case with five copper wires. The ballast is used to power one or more fluorescent lights inside the cabinets.
The automatic circuit breaker, part number EQR/EL-CB-5, is an electrical switch that protects an electrical circuit from damage caused by overload or short circuit. The breaker is a safety device for stopping the flow of current in an electric circuit. It will be used in various models.
You suggest classification of these items under subheading 8421.99.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of filtering or purifying machinery and apparatus, for liquids or gases. However, note 2(a) to Section XVI, HTSUS, provides that parts which are goods included in any of the headings of Chapter 84 or 85 are in all cases to be classified in their respective headings.
The applicable subheading for the blower will be 8414.59.6060, HTSUS, which provides for centrifugal fans. The rate of duty will be 2.3 percent ad valorem.
The applicable subheading for the electronic lamp ballast will be 8504.10.0000, HTSUS, which provides for ballasts for discharge lamps or tubes. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the automatic circuit breaker will be 8536.20.0020, HTSUS, which provides for automatic circuit breakers. The rate of duty will be 2.7 percent ad valorem.
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 Kenneth T. Brock at (646) 733-3009.
In your letter you also inquired about the classification of tempered safety glass and a gas spring. Your inquiry does not provide enough information for us to give a classification ruling on either item. Please submit the additional information below.
Regarding the product described as “tempered safety glass, part number EQR/GL-152,” please indicate if this article is pure glass or a combination of glass and another material. If it is a combination of glass and another material (e.g., wood, metal, etc.), please identify this other material and describe the manner in which the glass and the other material are combined.
Please submit a sample of the product. If the item is too large to submit as a complete sample, please submit a portion of the article as a sample. The section submitted should be at least twelve inches by twelve inches and should include portions of both the face and the side (including the corner or edge) of the product.
If a section of the complete item is submitted as a sample, please indicate the dimensions, thickness and form of the complete product.
Describe in further detail the exact manner in which this item is used. Please submit photographs depicting the manner in which the merchandise is used, as well as any available advertising material/marketing literature indicating the manner in which the product is used and marketed.
Indicate the unit value of the article. Unit value refers to the price at which a single item is sold by the foreign firm to the American importer.
Identify the port or ports at which this merchandise will be imported.
In regard to the gas spring, part number EQR/ME-GSPRING-19, please describe the products in which the gas spring is used (e.g. machinery, buildings, furniture, motor vehicles, etc.). Also describe the manner in which it is utilized on these products (e.g. is it used on doors, drawers, etc.?). Describe the ESCO models LA2 and LB2 Series.
When this information is available, you may wish to consider resubmission of your request regarding the tempered safety glass and the gas spring. If you decide to resubmit your request, please resubmit a copy of your original letter and attachments along with the requested information in this notice.
Please mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
If you have any questions regarding the tempered safety glass, contact National Import Specialist Jacob Bunin at (646) 733-3027. If you have any questions concerning the gas spring, contact National Import Specialist Barbara Kaiser at (646) 733-3024.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division