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NY N002900




December 1, 2006

CLA-2-85:RR:NC:N1:104

CATEGORY: CLASSIFICATION

TARIFF NO.: 8515.90.3000

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Boulevard
Suite 225
Rouses Point, NY 12979

RE: The tariff classification of an AirMig amp gun from Canada.

Dear Mr. Kavanaugh:

In your letter dated October 27, 2006, on behalf of Henlex Inc., you requested a tariff classification ruling.

The AirMig amp gun assembly contains several different lines and hoses which enable the user to arc weld while the air extraction nozzle in the handle removes fumes. Along with lines and hoses, the handle contains a contact tip-gas diffuser-gas nozzle and fume shroud. The welding tip in the handle is surrounded by an air extraction nozzle. The AirMig does not filter, purify or weld on its own. It must be attached (1) to the smoke extraction hoses and air exhaust system in order to remove hazardous fumes and (2) to the welding machine in order to weld. Suction automatically follows the arc.

In your original letter dated October 4, 2006, you had suggested classification under either subheading 8421.99, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of filtering or purifying machinery and apparatus or subheading 8515.90, HTSUS, which provides for parts of welding machines and apparatus. Review of your submitted data shows the item in question to be a welding gun with built-in extraction (i.e., fume extraction gun) rather than a high vacuum extraction device consisting of only suction nozzles. Thus, the item is classified as a part of a welding machine.

The applicable subheading for the AirMig amp gun assembly will be 8515.90.3000, HTSUS, which provides for Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, electron beam, magnetic pulse or plasma arc soldering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines and apparatus for hot spraying of metals or cermets; parts thereof: Parts: Of welding machines and apparatus: Other. The rate of duty will be 1.6 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 http://www.usitc.gov/tata/hts/.

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 Patricia O’ Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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