CLA-2-84:OT:RR:NC:N1:102
Mr. Karl F. Krueger
Radix Group International dba
DHL Global Forwarding
2660 20th Street
Port Huron, Michigan 48060
RE: The tariff classification of fuel dispensers/gas pumps from Israel
Dear Mr. Krueger:
In your letter dated July 9, 2010 you requested a tariff classification ruling on behalf of your client, Gilbarco, Inc. Illustrations and technical information were submitted.
The products you plan to import are described as the Legacy and Encore fuel dispensers/gas pumps found in gas stations. The pumps used to move the fuel in the dispensers are located either in the above ground unit or in the main underground supply tanks and not imported with the above ground dispensers. You indicate that the dispensers can each be ordered with included or underground pumps and may or may not be equipped with the capability to accept payment at the pump.
The applicable subheading for the gas pumps, whether located in the above ground dispenser or in the underground supply tanks, with or without the capability to accept payment at the pump will be 8413.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pumps for dispensing fuel or lubricants, of the type used in filling-stations or garages, fitted or designed to be fitted with a measuring device. The rate of duty is free.
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/.
You also inquire about the classification of parts of fuel dispensers. Generally, if the components are not specifically provided for elsewhere in the tariff, they would be classified as parts of pumps in heading 8413, HTSUS. However, your submission does not provide enough information for us to give a classification. We are not certain as to what parts you plan to import. You provided examples such as outer sheathing, front panels and frames.
Please identify the specific parts to be imported and what they are made of. Also, include a detailed description of how they are used. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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