The tariff classification of brass orifices and aluminum orifices used in gas meters made in China

N171484 July 5, 2011 CLA-2-74:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7419.99.5050; 7616.99.5090 Ms. Donna Riley S & S Fastener Company 12120 Ellington Court Cincinnati, OH 45249 RE: The tariff classification of brass orifices and aluminum orifices used in gas meters made in China Dear Ms. Riley: In your letter dated June 14, 2011, you requested a tariff classification ruling. Samples of the subject brass orifices and aluminum orifices, and engineering/drawing specifications for the subject articles were submitted for our review. The merchandise under consideration is identified as a 3/16 brass orifice (part number 757643) and a 3/16 aluminum orifice (part number 757619). You stated in your letter that the articles in question are “used in gas meters to control gas flow.” You indicated that the orifices in question are manufactured in China and shipped from Hong Kong. You proposed classification for the brass orifices and the aluminum orifices under heading 8481, Harmonized Tariff Schedule of the United States (HTSUS). The National Import Specialist (NIS) that handles heading 8481, HTSUS, has stated that “A gas meter may incorporate valves of some sort, but is not an appliance of heading 8481, HTSUS. The orifice is not a part of a valve.” Therefore, the brass orifice will be classified in heading 7419, HTSUS, which provides for other articles of copper.  The aluminum orifice will be classified in heading 7616, HTSUS, which provides for other articles of aluminum. The applicable subheading for the brass orifices will be 7419.99.5050, HTSUS, which provides for other articles of copper, other, other, other, other, other. The rate of duty will be free. The applicable subheading for the aluminum orifices will be 7616.99.5090, HTSUS, which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 percent ad valorem. 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 heading 8481, HTSUS, contact NIS Kenneth Brock at 646-733-3009. If you have any questions regarding headings 7419 or 7616, HTSUS, contact NIS Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division