CLA-2-84:OT:RR:NC:N1:102

Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

RE: The tariff classification of alarms and valves from Canada

Dear Mr. Mulvihill:

In your letter dated June 2, 2010 you requested a tariff classification ruling on behalf of your client, Amico Corporation.

The articles in question are described as alarm systems, manifolds, valve boxes and gas outlets used for the control and delivery of gases in medical applications.

Based on the information made available, the medical gas manifolds are automatic gas regulating systems that are primarily used to reduce the pressure of gas delivered from gas supply cylinders. The manifolds are essentially an assembly of one or more valves designed to provide an uninterrupted flow of pressure regulated gas within the hospital environment.

The valve boxes are recessed steel boxes that house two to six shut-off ball valves with tube extensions, gauges, an aluminum frame and a pull-out removable window. The valve boxes are designed to allow access to the shut-off valves by simply removing the window from the frame. The ball valves have a ball-type valve mechanism and are operated by means of a lever-type handle. The valves, which have a bronze valve body and a chrome-plated brass ball, are designed to have a maximum pressure rating of 600 psi, or 4,137 kPa.

The gas outlets are mounted fittings that facilitate the connection to and delivery of gas from a central distribution point. The outlets allow delivery tubes and gas specific adapters to be connected to the central gas supply and incorporate brass fittings and check valves to control the flow of gas from the outlets. The check valves are rated at a maximum pressure of 200 psi, or 1379 kPa.

The applicable subheading for the gas manifolds will be 8481.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other pressure-reducing valves. The rate of duty will be 2 percent ad valorem.

The applicable subheading for the valve boxes will be 8481.80.1085, HTSUS, which provides for taps, cocks, valves and similar appliances, hand operated, of copper, ball type and having a pressure rating of 850 kPa or over. The rate of duty will be 4 percent ad valorem.

The applicable subheading for the gas outlets will be 8481.30.1090, HTSUS, which provides for check (nonreturn) valves, of copper and having a pressure rating of 850 kPa or over. The rate of duty will be 3 percent ad valorem.

In order to issue a classification ruling with regard to the alarm systems, we need additional information.

Please describe each different alarm system in its condition as imported, identify its function(s) and provide and explanation of how the system operates. Do the components of the alarm systems control the variables that are being monitored? If so, explain how the variables are controlled. What is the purpose of the microprocessor? Does the “alarm valve combo” incorporate any valves other than the hand-operated ball valves?

If you decide to resubmit your request, please include all of the material that we have returned to you and 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.

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 above, contact National Import Specialist Kenneth T. Brock at (646) 733-3009.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division