Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Merchandise imported into the United States is classified under the HTSUS. В§ 174.24(b) because the decision against which the protest was filed is alleged to involve questions of law or fact which have not been ruled upon by CBPвЂ™s Commissioner or his designee, or by the Customs courts. 0080 is properly accorded to Protestant pursuant to 19 C.F.R. (Miscellaneous Trade and Technical Corrections Act of 2004, Pub.L. The protest was timely filed, within 180 days of liquidation of the first entry. В§1514(a) (2) as a decision on classification. This protest was filed on May 23, 2013, claiming classification in subheading 9026.10.20, HTSUS, which provides for вЂњInstruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032 parts and accessories thereof: For measuring or checking the flow or level of liquids: Electrical.вЂќ ISSUE: Whether the subject water meters are classified in heading 9026, HTSUS, as instruments or apparatus for measuring or checking the flow of liquids, or as liquid meters of heading 9028, HTSUS? LAW AND ANALYSIS: Initially, we note that this matter is protestable under 19 U.S.C. Customs and Border Protection (вЂњCBPвЂќ) liquidated the merchandise as entered on April 19, 2013. The merchandise was entered on Junder subheading 9028.30.00, HTSUS, which provides for вЂњGas, liquid or electricity supply or production meters, including calibrating meters thereof parts and accessories thereof: Electricity meters.вЂќ U.S. These components work together to measure the flow of water in the households in which they are used. The display also includes battery life, empty pipe and forward/reverse flow indicators. Direction of flow and units of measure are shown on the register display, and display in gallons, cubic feet, and cubic meters. The electronic, programmable register is sealed with a tempered glass cover. Magnetic flow sensors are embedded in the flow tube. This measuring device is comprised of a composite alloy flowtube with externally-threaded spud ends.

The subject merchandise consists of integrated units that incorporate an electronic register and measuring device encased in an external housing. These meters can measure between 25 and 55 gallons per minute when water is continuously flowing, and can detect a minimum flow of between 0.03 gallons per minute and 0.11 gallons per minute. These meters measure the flow of water through pipes and are designed to detect very low water flows as well as be durable at high flows. FACTS: The subject merchandise consists of various sizes of household water meters that are all part of ProtestantвЂ™s вЂњiPERLвЂќ line of merchandise. 0080, timely filed on May 23, 2013, on behalf of Sensus, USA, (вЂњSensusвЂќ or вЂњProtestantвЂќ) regarding the tariff classification of Iperl household water meters under the Harmonized Tariff Schedule of the United States (HTSUS). The following is our decision regarding Protest and Application for Further Review No. RE:Дљpplication for Further Review of Protest No: 0080 Classification of the Sensus iPERL 100CF Household Water Meters Dear Port Director: Type : Classification В• HTSUS : 9028.20.00Д¬LA-2- OT:RR:CTF:TCM H249751 TNA Port Director, Laredo Service Port U.S.

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