The tariff classification of faucet aerators

N247770 December 12, 2013 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980 Ms. Patti McQuade Brasstech 2001 Carnegie Santa Ana, CA 92705 RE: The tariff classification of faucet aerators Dear Ms. McQuade: In your letter dated November 8, 2013, you requested a tariff classification ruling. Illustrations were provided with your request. The product is identified as a faucet aerator assembly, item 2-633. The assembly consists of the aerator component, made of molded plastics, mounted inside a shell or housing made of metal. The aerator adds air to the water stream, both to reduce water consumption and to give the illusion of increased water flow. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Since no one heading in the tariff schedule covers the components of the faucet aerator assembly in combination, GRI 1 cannot be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. Essential character may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The essential character of this faucet aerator assembly is imparted by the plastic aerator component, which is the functional constituent of the assembly. You have not identified the country of origin. The rate of duty shown below is the rate applicable to this merchandise when manufactured in a country with which the United States has Normal Trade Relations. The applicable subheading for the faucet aerator assembly, item 2-633, will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The general rate of duty will be 5.3 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 Joan Mazzola at (646) 733-3023. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division