CLA-2-84:OT:RR:E:NC:1:104
Mr. Jon R. Weiner
Rolls-Royce North America
2001 S. Tibbs Avenue
Speed Code S36
Indianapolis, IN 46241
RE: The tariff classification of a hydraulic nut from Finland
Dear Mr. Weiner:
In your letter dated February 10, 2009 you requested a tariff classification ruling.
The hydraulic nut is a removable tool used to squarely mount a ship’s propeller on a tapered shaft. The device is a round, stainless steel, ring-shaped tool that features an interior annular piston. It is available in different sizes to accommodate various shaft diameters.
You describe the device’s method of operation as follows:
To mount and seat propeller
Place the propeller on the tapered shaft, followed by the hydraulic nut.
Use a hand pump to pump hydraulic fluid into the hydraulic nut through a hose and specialized threaded adapters that screw into the hydraulic nut. The hydraulic fluid causes the annular piston in the nut to move outward with equal pressure on all sides. The annular piston pushes against the propeller hub, and the equal pressure ensures that the propeller is mounted and seated squarely on the shaft. Once this is done, the hydraulic fluid is drained from the hydraulic nut and the nut is removed from the shaft.
To remove the propeller
Put hydraulic nut on the tapered shaft and use a hand pump to pump hydraulic fluid into the hydraulic nut. The annular piston moves away from the propeller with an equal pressure and pushes against the hub at the end of the tapered shaft. This action pops the hub off of the shaft.
Drain and remove hydraulic nut. Propeller can be taken off the tapered shaft.
The device is not held in the hand during the above described procedures nor does it remain affixed to the shaft after either of the procedures has been performed. You indicate that the hydraulic nut is imported alone. The hydraulic nut, the pump and the hose are shipped separately, not as a set or kit.
In your letter, you suggest three possible classifications for the hydraulic nut, i.e.,
(1) subheading 8205.59.5560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: of iron or steel: other: other (including parts),
(2) subheading 8413.91.9080, HTSUS, which provides for other parts of pumps for liquids or
(3) subheading 8479.89.9899, HTSUS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other
A handtool of heading 8205 would (1) be hand held and directed and (2) not require hydraulic assistance to function. Thus, heading 8205 would not be applicable. While the hydraulic nut relies on pressurized fluid from a pump, it is not a part of a pump. Thus, heading 8413 is not applicable.
The applicable subheading for the hydraulic nut will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other . The rate of duty will be 2.5 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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division