CLA-2-76: OT: RR: NC: N1:117
Mr. Frank T. Stiffen
James E. Curran & Co., Inc.
184 Port Road South
Albany, NY 12202
RE: The tariff classification of parts of gas venting systems from Germany and China.
Dear Mr. Stiffen:
In your letter dated October 6, 2009, you requested a tariff classification ruling on behalf of your client, Centrotherm ECO Systems. Descriptive literature and illustrations were submitted.
The products you plan to import are double walled pipes and elbows, a chimney cover, a roof terminal with fixing belt and wall plate and a vent pipe with measuring port adapter. These products are used in flue gas venting systems designed to carry the flue gas/exhaust from a boiler or furnace to the exterior of a commercial building or home.
The double walled pipes and elbows consist of a polypropylene inner pipe within a painted aluminum alloy outer pipe. The aluminum outer pipe predominates by weight. Plastic spacers are used to keep the polypropylene pipe centered within the aluminum pipe. Also included with the pipes and elbows are gaskets to hold the parts together and prevent flue gases from entering the occupied structure.
The roof terminal is a pipe composed of polyethylene with some polypropylene. It connects to the vent pipe below the roof line by means of a fixing belt and wall plate which are pre-attached to the roof terminal. The pipe extends anywhere from 400 mm to 2 M above the roof surface to allow for the proper venting of combustion gases. You indicate that the polyethylene predominates by weight.
The chimney cover consists of a black polypropylene pipe/tube with a stainless steel outer jacket. The stainless steel jacket provides the chief weight of the chimney cover. The jacket has a flat plate with four holes to facilitate mounting to the roof and a collar that prevents rain from entering the open air inlet.
The vent pipe with measuring port adapter is the first portion of the vent system that connects to the boiler or furnace. It is comprised of a flame resistant polypropylene inner pipe, plastic spacers and a white galvanized metal outer pipe. The metal outer pipe predominates by weight and contains an integrated port that enables an HVAC contractor to sample the flue gases to ensure that the boiler/furnace is operating within specifications.
The applicable subheading for the aluminum alloy double walled pipes will be 7604.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum bars, rods and profiles, of aluminum alloys, hollow profiles. The rate of duty will be 1.5 percent ad valorem.
The applicable subheading for the aluminum alloy double walled elbows will be 7609.00.0000, HTSUS, which provides for aluminum tube or pipe fittings (for example, couplings, elbows, sleeves). The rate of duty will be 5.7 percent ad valorem.
The applicable subheading for the roof terminal with fixing belt and wall plate will be 3917.21.0000, HTSUS, which provides for tubes, pipes and hoses, of plastics, rigid, of polymers of ethylene. The rate of duty will be 3.1 percent ad valorem.
The applicable subheading for the chimney cover with stainless steel outer jacket, and for the vent pipe with measuring port adapter when manufactured of galvanized iron or steel will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel: other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem.
The applicable subheading for the vent pipe with measuring port adapter, when manufactured of galvanized aluminum alloy will be 7616.99.5090, HTSUS, which provides for other articles of aluminum: other, other, other, other, other, other. The rate of duty will be 2.5 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 Mary Ellen Laker at (646) 733-3020.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division