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NY N006439




March 9, 2007

CLA-2-90:RR:NC:N1:105

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.20.0000

Mr. Reid Shepley
Boshart Industries, Inc.
25 Whaley Avenue
Milverton, Ontario N0K 1M0

RE: The tariff classification and country of origin of a Tank Fitting Package exported from Canada

Dear Mr. Shepley:

In your letter dated February 1, 2007, you requested a tariff classification ruling. An assembled sample was provided.

You state:
“A tank fitting package is comprised of the following components: 1 - tank tee (may be either bronze, galvanized, or stainless steel) c/o TW 1 - ¼” X 3” pipe nipple (may be either bronze, galvanized, or stainless steel) c/o CN
1 – Sediment valve c/o ID
1 – Relief valve c/o TW
1 – Pressure gauge c/o CN
1 – Pressure switch c/o MX”

You also state:
“The tank fitting package is generally sold unassembled, packaged in one carton with its own SKU and can be ordered in various configurations The tank fitting package is installed in the main water line between the water well and the water storage tank for a private water well system. The purpose of the individual parts is as follows: The tank tee is the main connection between the water line and the storage tank. It also has various ports for connecting the required components for the operation of the system, i.e. sediment and relief valve, switch, gauge, etc. The sediment valve permits the operator to drain any sediment out of the line and storage tank. The relief valve will release any excess pressure in the line should the switch malfunction. The pressure gauge is strictly for visual use to monitor the pressure in the waterline. The switch is the main operator and is connected to the water pump.

Operation: The volume of water in the storage tank must remain fairly constant in order to ensure a steady supply of water to the user. As the volume of water in the storage tank drops so does the pressure in the water line. When the pressure in the water line drops to a preset level the water pressure acting on the pressure switch lessens and activates the switch which in turn starts the water pump. As water is pumped from the water well into the storage tank the volume of water in the storage tank increases and so does the pressure in the water line. The pressure acting on the switch will increase to a preset level and turn off the switch shutting off the pump. If the switch malfunctions and does not turn the pump off, the relief valve will release the excess pressure and thereby protect the system from damage. The components form a complete regulating apparatus required for the proper operation of the water supply system.”

Unlike the gas train assemblies in Headquarters Ruling Letter 966982, the valves here are not used to change the flow of the fluid in normal operation. In normal operation, the water will pass through the pipe section unimpeded.

The pipe (Tank tee) has thread openings on one side of the tee for the mechanical pressure gauge to be screwed in and on the other side for the pipe connecting the “Pressure switch” to the tee.

From the sample and the instructions on a label of the inside of the cover of the “Pressure switch,” it is clear that if the pressure of the water in the pipe is below a certain level, it will send an electrical signal for a pump to start pumping water into the tank to raise its pressure (and thus the pipe’s pressure) and, if above, it will send the signal for it to stop, repeating as needed. The user can change the upper and lower set points by turning nuts inside the “pressure switch.” In this way, the pressure in the pipe, and thus in the plumbing system, will automatically remain in the range desired by the user.

Thus, the only control function for your item is the one described in the definition of HTSUS 9032 in Note7 to its Chapter 90.

The mechanical pressure gauge would presumably not be consulted unless a problem was suspected with the operation of the “pressure switch.”

Harmonized System Explanatory Note I-A to 9032 indicates that a manostat “may be used, for instance, to control a motor pump or compressor which supplies a pressure tank”

The applicable subheading for the sample Tank Fitting Package will be 9032.20.0000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for Manostats. The rate of duty will be 1.7 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/.

Regarding its country of origin, we consider it to be a set. We understand the “Pressure switch” from Mexico to be performing the comparison of the current and desired pressure level and it is classifiable in HS 9032.20. None of the other elements are themselves classifiable in 9032. Therefore, per Customs Regulation 102.20-q, only the “Pressure switch” fails to meet the applicable Tariff Shift and, therefore, per CR 102.18-b-1, only it can be taken in consideration in determining the set’s essential character in CR 102.11-c.

Therefore, the country of origin of the sample Tank Fitting Package is Mexico.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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