The tariff classification of a bubble level from China
Issued November 21, 2012 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9031.80.8085
Headings: 9031
GRI rules applied: GRI 3
Product description
From your submission, the HangMaster 5-in-1 level is “a hand held 36 inch bubble level combined with a sliding stud sensor in an aluminium frame with attached suction cups. The function of the HangMaster is to allow users to have hands free leveling capabilities while at the same time detecting studs and marking the surface.” From the Black and Decker information sheet which you included, it contains both “horizontal and vertical bubble vials for leveling accuracy.” Harmonized System Explanatory Note I-A-10 to 9031 states that it includes, “Bubble levels, used in numerous trades…” The elements classifiable in HTSUS heading 9031, at minimum, equally merit consideration in supplying the essential character to the import in terms of HTSUS General Rule of Interpretation 3.
CBP rationale
The applicable subheading for the HangMaster will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTSUS Chapter 90.
Full text
N234891 November 21, 2012 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Donna L. Hiltpold Classification Specialist Stanley Black and Decker 1000 Stanley Drive New Britain, CT 06053 RE: The tariff classification of a bubble level from China Dear Ms. Hiltpold: In your letter dated October 31, 2012, you requested a tariff classification ruling. No samples were provided. From your submission, the HangMaster 5-in-1 level is “a hand held 36 inch bubble level combined with a sliding stud sensor in an aluminium frame with attached suction cups. The function of the HangMaster is to allow users to have hands free leveling capabilities while at the same time detecting studs and marking the surface.” From the Black and Decker information sheet which you included, it contains both “horizontal and vertical bubble vials for leveling accuracy.” Harmonized System Explanatory Note I-A-10 to 9031 states that it includes, “Bubble levels, used in numerous trades…” The elements classifiable in HTSUS heading 9031, at minimum, equally merit consideration in supplying the essential character to the import in terms of HTSUS General Rule of Interpretation 3. The applicable subheading for the HangMaster will be 9031.80.8085, Harmonized Tariff Schedule of the United States (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%. 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, Thomas J. Russo Director National Commodity Specialist Division
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