CLA-2-84:OT:RR:NC:N1:105
Chris Tovar CST Inc. 500 Westpark Drive, Suite 230 Peachtree City, GA 30269
RE: The tariff classification of spray guns from the Netherlands
Dear Mr. Tovar:
In your letter dated October 21, 2024, on behalf of your client, Titomic Europe, you requested a tariff classification ruling. Descriptive literature was provided for our review.
The first item under consideration is described as the D523 Industrial Powder Coating Machine, which is a device that uses up to 9 bar (typically operates under 4-8 bars of pressure) of compressed air to coat objects with ceramic and metal particles. The main unit measures 550mm x 1420mm by 266mm and weighs 57kg. The device is imported with the main control unit, a spraying gun, round nozzle holder, column with storage cabinet, two powder feeders, a powder feeder rack, and a user’s manual. In operation, the compressed air is provided to the spraying gun by an external air compressor. The air is heated inside the spraying gun and flows through the nozzle to form a supersonic air jet. Composite powder particles, supplied by the powder feeder, are introduced into this supersonic air jet and are accelerated to supersonic velocities. After the particles exit the nozzle, many of these high velocity particles adhere to the substrate upon impact. The readout on the control panel will provide information such as temperature, air pressure, density, air flow, start/stop, feeder selection, and trigger selection.
The second item under consideration is described as the D623 Linear Turnkey System, which is a powder coating device that provides cold spray capabilities. The D623 is capable of running at a pressure range of 8-20 bar and will project air or nitrogen gas. The spray cabinet measures 1340mm x 885mm x 1750mm. The device is designed to coat metals and temperature-sensitive materials like glass, ceramics, and plastics. In operation, low and medium pressure cold spray technology uses supersonic gas to accelerate metal particles and build up strong layers of specialty materials, without unwanted heat effects. This technology provides the ability to restore parts and create coatings with high levels of thickness, adhesion, density, conductivity, and corrosion resistance. The device can utilize a wide range of metals including aluminum, zinc, copper, tin, nickel, babbitt, gold, silver, and platinum.
As you suggest in your letter, the applicable subheading for the D523 and D623 coating machines will be 8424.20.9000, Harmonized Tariff Schedule of the United States (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: Spray guns and similar appliances: Other.” The general rate of duty 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division