CLA-2-39:OT:RR:NC:N1:137

Chandanie Gunathilake
Watertite Products Inc dba IPS Corporation
500 Distribution Parkway
Collierville, Tennessee 38017

RE: The tariff classification of a PVC outlet box from Taiwan

Dear Ms. Gunathilake:

In your letter dated April 7, 2022 you requested a tariff classification ruling.

IPS Item No. 97977 is listed as a PVC outlet box. It is described as fire rated bottom mount box. The box is contructed of polyvinyl chloride.

You suggest classification in 3917.29.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tubes, pipes, and hoses, rigid: of other plastics.  We disagree.  The products under review are described as an outlet box.  According to Note 8 to Chapter 39, the expression “tubes, pipes and hose” means hollow products, whether semimanufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids.  This product is an outlet box that affixes to a wall. The outlet box is provided for in another heading. Chapter 39 Note 11 states that Heading 3925 applies only to the following articles, 11 (ij) fittings and mountings intended for permanent installation in or on doors, windows, staircases, walls or other parts of buildings, for example, knobs, handles, hooks, brackets, towel rails, switch plates and other protective plates.

The applicable subheading for the IPS Item NO 97977 PVC outlet box will be 3925.90.0000, HTSUS, which provides for builders’ ware of plastics, not elsewhere specified or included: other. The general rate of duty will be 5.3 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 the World Wide Web at https://hts.usitc.gov/current.

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 Christina Allen at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division