CLA-2-39:OT:RR:NC:N1:421
Sandra D. Welsh
Orbit Irrigation Products, Inc.
845 North Overland Road
North Salt Lake, UT 84054
RE: The tariff classification of various misting products from China
Dear Ms. Welsh:
In your letter dated July 19, 2017 you requested a tariff classification ruling on five misting products. Three representative samples were submitted with your request and will be retained by this office.
Item one, identified as the Sidewinder ¼” Flex Mist Stand (Part no. 10198), is a polyvinyl chloride (PVC) memory tube with an ABS hose fitting on one end and a brass/stainless steel mist nozzle on the other. The PVC memory tube consists of a 30” piece of flexible tubing supported by a metal wire running throughout. This “personal cooling system” is designed to wrap around trees, poles, chairs and umbrellas.
Item two, identified as the Viper ½” Flex Mist Stand (Part no. 10199), is a polyvinyl chloride memory tube with an ABS hose fitting on one end and two brass/stainless steel nozzles on the other. The PVC memory tube consists of a 6’ piece of flexible tubing supported by a metal wire running throughout. Although this personal mister is designed to wrap around trees, poles, chairs and umbrellas, you indicate that it can also be used to mist plants.
Item five, identified as the Low-Mid Pressure Tripod Stand (Part no. 10718), is a spraying apparatus affixed atop an adjustable tripod. The tripod stand, which adjusts from 35" to 65" in height, is composed of anodized aluminum and topped by a fixed stainless steel cross bar with nozzles on each end. When attached to a standard garden hose the tripod stand sprays a fine mist of water from the nozzles incorporated into the cross bar. Based on the information provided, the tripod stand is intended for outdoor use for personal comfort (i.e. to cool an outdoor area during a barbecue or yardwork), and you indicate it can also be used to mist plants.
The applicable subheading for Items one and two will be 3917.39.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges), of plastics: Other tubes, pipes and hoses: Other: Reinforced with metal. The rate of duty will be 3.1 percent ad valorem.
The applicable subheading for Item five will be 8424.89.9000, HTSUS, which provides for Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Other appliances: Other: Other. The rate of duty will be 1.8 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 https://hts.usitc.gov/current.
Your inquiry does not provide enough information for us to give a classification ruling on Items three and four. Please address the following:
Questions regarding Item Number 3 identified as the Flex Cobra Mist Stand (Orbit part no. 10360):
Your letter states that the Flex Cobra Mist Stand is made of flexible PVC tubing with a PVC hose connection, brass and stainless steel nozzles, and includes an interchangeable misting head. However, based on our examination of the sample of the Flex Cobra Mist Stand, the tubing consists of a flexible metal tube covered with PVC. Please state the type of metal (iron, steel, stainless steel, copper, aluminum, etc.) that comprises the tubing.
Provide an exploded view diagram of the subject mist stand. Please label each of the components.
Is each Flex Cobra Mist Stand imported with brass and stainless steel nozzles? Do the nozzles contain a valve that controls the flow of water? If yes, state the material (e.g. steel, stainless steel, brass, plastic, etc.) that comprises the valve. Can the mist or spray pattern be changed/adjusted?
Provide a breakdown by percentage by weight for the metal and the PVC that comprise the Flex Cobra Mist Stand.
If the Flex Cobra Mist Stand contains more than one type of metal, provide the breakdown by percentage by weight for each type of metal that comprises the mist stand.
Questions regarding Item Number 4 identified as the Cobra Mistand (Orbit part no. 10057):
Provide a sample of the Cobra Mistand in the condition in which it will be imported into the United States.
Your letter states that the Cobra Mistand consists of tubing made of PVC with a PVC hose connection, and brass and stainless steel nozzles. Noting that the tubing that comprises the Flex Cobra Mist Stand is made of metal and PVC, state the type of material that comprises the tubing in the Cobra Mistand. If the tubing contains metal, state the type of metal (iron, steel, stainless steel, copper, aluminum, etc.) that comprises the tubing.
Provide an exploded view diagram of the subject Mistand. Please label each of the components.
Submit a breakdown by percentage by weight for the metal and PVC that comprise the Cobra Mistand.
You stated that the nozzles are made of brass and stainless steel. Is each Cobra Mistand imported with brass and stainless steel nozzles? Do the nozzles contain valves that controls the flow of water? If yes, state the material (e.g. steel, stainless steel, brass, plastic, etc.) that comprises the valve. Can the mist or spray pattern be changed/adjusted?
If the Cobra Mistand contains more than one type of metal, provide the breakdown by percentage by weight for each type of metal that comprises the Mistand.
You state that the nozzles come from suppliers in the United States and China. The nozzles, the PVC hose fittings and the PVC tubing (made in the United States) are sent to Mexico where the tubing is molded into shape (hot bath) and the fittings and nozzles are attached. Are you requesting the classification for the finished product from Mexico?
When this information is available, you may wish to consider resubmission of your request. 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 April Cutuli at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division