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March 25, 1999

CLA-2-90:RR:NC:MM:105 D88928

CATEGORY: CLASSIFICATION

TARIFF NO.: 9026.90.2000

Mr. Craig M. Schau
Emery Worldwide
6940A Engle Road
Middleburg, OH 44130

RE: The tariff classification of Pressure Gauge Restrictors from Germany

Dear : Mr. Schau:

In your letter, dated March 3, 1999, for Noshok Inc., you requested a tariff classification ruling.

The samples submitted are three smooth, metal cylinders, about .25 inch high and .125 inch in diameter. They have a relatively large opening at one end and a substantially smaller one at the other, which is partly beveled. You indicate that they are also known as snubbers and orifices. You state, “Its purpose and design function controls or restricts rapidly increasing or decreasing pressures, lessening the immediate effect of pulsations and pressure spikes.”

You indicate that importations will be of both stainless steel and brass.

Although they are used exclusively in conjunction with a tube or pipe through which a fluid flows, they are not excluded from Chapter 90 by its Note 1-f as a pipe or tube fitting. They would not connect tubes or pipes to each other or some other apparatus nor would they close their opening.

Given its function and small size, we consider it reasonable clear that they would be of use only with pressure gauges and therefore, we agree with your proposed classification in HTS 9026.90. The great majority of pressure gauges are “electrical” as defined by Additional US Note 2 to Chapter 90.

The applicable subheading for these samples will be 9026.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, parts and accessories of “electrical” apparatus for measuring or checking the pressure of liquids or gases. The general rate of duty will be .8 percent ad valorem.

The same classification will apply to similar items, whether of steel, brass or any other base metal.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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