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NY R01044

December 8, 2004

CLA-2-84:RR:NC:1:102 R01044


TARIFF NO.: 8481.80.9050

Ms. Wendy L. Burns
Northern Customs Services Incorporated
6391 Walmore Road
Niagara Falls, NY 14304

RE: The tariff classification of a hydrogen fuel dispenser of unspecified origin

Dear Ms. Burns:

In your letter dated November 5, 2004 you requested a tariff classification ruling on behalf of your client FTI International.

The article in question is described as a hydrogen dispenser designed to dispense hydrogen to hydrogen fueled vehicles. You indicate that the dispenser controls the flow of hydrogen from a high-pressure storage tank into a vehicle tank that is at a lower pressure. During the fueling operation, the dispenser measures the amount of gas being dispensed and operates a control valve in response to temperature, flow and pressure measurements. The dispenser automatically stops the flow of hydrogen to the vehicle when it determines that the vehicle tank is full. You emphasize that the dispenser does not force, or “pump” hydrogen into the vehicle, but rather relies on the flow of gas caused by the pressure differential between the hydrogen storage tank and the vehicle fuel tank.

The applicable subheading for the hydrogen fuel dispenser will be 8481.80.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for taps, cocks, valves and similar appliances. The rate of duty will be 2 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 the ruling, contact National Import Specialist Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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