The tariff classification of a Thread Spring Gauge from the United Kingdom

N244901 August 23, 2013 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Ms. D’Ann Brown D’Ann Brown Customs Broker 2309 Renard Place SE, Suite 101 Albuquerque, NM 87106 RE: The tariff classification of a Thread Spring Gauge from the United Kingdom Dear Ms. Brown: In your letter dated July 25, 2013, for Davidson Ag. and Mfg. Corp, you requested a tariff classification ruling. A sample was provided. The label on the box for the sample refers to it as a Thread Spring Gauge. As you state, “When the two ‘handles’ are brought together the coil expands, allowing it to be screwed onto the thread to be measured.” The sample does not provide a linear measurement in inches, millimeters, etc. Rather, it will be apparent to the user only that the thread of the screw being inspected does or does not match the specific thread size that a given gauge is sized for. That size is printed both on the box and on one of the “handles.” A micrometer is then used for a measurement of the diameter where the gauge has been screwed to. Harmonized System Explanatory Note D-3 to 9017 states, “Gauges without adjustable devices, used only for sizing parts or checking angles, forms, etc. (for example, plug gauges, ring gauges), are excluded (heading 90.31).”   We agree that the applicable subheading for Thread Spring Gauge will be 9031.80.8085, HTSUS, which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTSUS Chapter 90. 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/. 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, Myles B. Harmon Acting Director National Commodity Specialist Division