The tariff classification of a mounting for a gas detection device from Germany

N188080 October 21, 2011 CLA-2-83:OT:RR:NC:N1:121 CATEGORY: Classification TARIFF NO.: 8302.30.3060 Mr. Rick Kolesar Export Compliance Manager Drager Safety, Inc. 101 Technology Drive Pittsburgh, PA 15275 RE: The tariff classification of a mounting for a gas detection device from Germany Dear Mr. Kolesar: In your letter dated September 20, 2011, you requested a tariff classification ruling. A sample was submitted with your request and will be returned to you. The merchandise under consideration is described as a Holder for the Miniwarn® Gas Detection Device (part number 6408124). It serves to permanently mount a charging module for the handheld Miniwarn® gas detection device to a vehicle. The product consists of an aluminum base and a removable rubber strap. The base is a 6-1/2 inch long by 5 inch wide plate bordered by ¾ inch raised edges, four predrilled holes and two protuberances that accommodate the attachment of the strap. The aluminum base fastens with four screws (not included) to the interior floor panel of a fire truck, hazardous material response vehicle, utility work van/truck or other similar type vehicle. The charging module is permanently mounted to the base and the Miniwarn® gas detection device is secured to the charging module with the rubber strap. In your submission you suggest classifying part number 6408124 in 9027.90.5810, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of “electrical” gas and smoke analysis apparatus. You state that the article is a holder for the Miniwarn® Gas Detection Device. Based on the information you provided the holder is used to mount the Miniwarn’s battery charger to a vehicle. After the battery charger is connected to the vehicle’s power source, a user can place the Miniwarn® on the charger to recharge its batteries between uses. Separately imported parts, if identifiable as suitable for use solely or principally as parts of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of this particular item (see Headquarters Ruling Letter 965546, dated August 6, 2002), are classified in its heading if not excluded from HTSUS Chapter 90 by its Note 2(a) or Note 1, or by HTSUS Additional U.S. Rule of Interpretation 1(c) (see HRLs 965968, dated December 16, 2002, and 967233, dated February 18, 2005). Note 1(f) to Chapter 90 indicates that the chapter does not cover parts of general use, as defined in Note 2 to Section XV. This includes articles of Heading 8302. As a result, the holder for the Miniwarn® battery charger is not classifiable in Heading 9027. The applicable subheading for the Holder for the Miniwarn® Gas Detection Device (part number 6408124) will be 8302.30.3060, HTSUS, which provides for base metal mountings, fittings and similar articles, other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof, of iron or steel, of aluminum or of zinc, other. The rate of duty will be 2 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 Barbara Kaiser at (646) 733-3024. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division