CLA-2-73:OT:RR:NC:N1:120

Mrs. Siobhán Maggs
Daco Scientific Ltd.
Vulcan House Calleva Park Aldermaston
Berkshire RG7 8PB
United Kingdom

RE: The tariff classification of a nut from the United Kingdom

Dear Mrs. Maggs:

In your letter dated September 14, 2010, you requested a tariff classification ruling.

You submitted two articles for review. Vent01 (GRN 14404) is described as an off-the-shelf item used as an industrial breather. It is used to stop the enclosure from expanding due to air pressure. Nut10 (GRN 10089) is an internally threaded stainless steel hex “backing nut” used to attach the vent gore to the enclosure.

The applicable subheading for the NUT10 (GRN 10089) will be 7318.16.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: nuts: other: of stainless steel. The duty rate will be 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/.

Your inquiry does not provide enough information for us to give a classification ruling on Vent01 (GRN 14404). You state that the Vent01 is used to stop the enclosure from expanding. Explain in detail how this is achieved. Does the breather perform any type of filtering operation? If so, what is the filtering media and how does it perform its filtering function? What is the purpose of the internal membrane?

Device is said to be “used solely for transportation purposes”. Is the device in the nature of packing material? Will it be removed from the enclosure prior to the customer using the enclosure/console? Can the enclosure/console be operated without it?

You indicate that the Vent01 is an “off-the-shelf item”. If the Vent01 is capable of being used interchangeably in a variety of machines/instruments, specify what type of machines/instruments.

Provide labeled cutaway of the Vent01 showing its internal components.

Provide material breakdown of the Vent01. List each component by description and by cost. For metal items, indicate type of metal (e.g., stainless steel, aluminum, brass, etc.). For the membrane and/or filter media and the o-ring/gasket indicate the specific type of rubber or plastic.

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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division