CLA-2-84:OT:RR:NC:N1:102

Mr. William A. Grubb
DXP Enterprises, Inc.
DBA Precision Industries Inc.
7272 Pinemont Drive
Houston, TX 77040

RE: The tariff classification of a compression tubes/spacers from China

Dear Mr. Grubb:

In your letter dated November 5, 2018 you requested a tariff classification ruling. Drawings were provided.

The items in question are referred to as Compression Tubes/Ni-Resist Spacers, part numbers 22-11004, 22-13000, 22-15005, 22-16004 and 22-17001. The items function as compressors for a stack of pump diffusers and as a pump spacer. The compression tubes/spacers are manufactured to specific dimensions and tolearances and are used in centrifugal pumps. The centrifugal pumps are used in various applications, such as for fluid transfer, gas processing, mine dewatering, and saltwater disposal.

The applicable subheading for the Compression Tubes/Ni-Resist Spacers, part numbers 22-11004, 22-13000, 22-15005, 22-16004 and 22-17001, will be 8413.91.9080, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for other parts of pumps for liquids. The rate of duty is Free.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS.  The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS.  Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974).  Products of China that are provided for in subheading 9903.88.01,  9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 8413.91.9080, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8413.91.9080, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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 the World Wide Web at https://hts.usitc.gov/current.

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 Sandra Martinez at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division