CLA-2-84:OT:RR:NC:1:104
Mr. Kevin Ekstrand
Laufer Group International
7007 NE Parvin Road
Kansas City, MO 64117
RE: The tariff classification of a Pro Control Steering System & Component Parts from China
Dear Mr. Ekstrand:
In your undated letter received by this office on February 25, 2010, on behalf of your client RM Industries, you requested a tariff classification ruling.
You have submitted 4 items for consideration, i.e., a finished product called a Pro Control System and three separately imported components. The Pro Control System is designed to transform a transom mount trolling motor into a foot operated hands free steering trolling motor. It is a mechanical device that provides hands free steering of a trolling motor. The system is attached to the back of the boat where the user will attach the Transom Mount Trolling motor onto the Pro Control System.
Currently, the Pro Control System is only being made in the United States. However, you state that future production may take place in China. You indicate that, in this event, the Pro Control System will be imported complete, packaged for retail sale without need for repacking or addition of other components in the United States. The three separately imported components under consideration, i.e., the Jagwire cable, the Radial Ball Bearing and the Cable Adjuster without nut, are manufactured in China.
In your letter, you suggested that the Pro Control System be classified in subheading 8503.00.9560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts suitable for use solely or principally with the machines of heading 8501 or 8502: Other: Other: Other. As per the National Import Specialist for this heading, the item is an accessory to an electric trolling motor used to hold and mechanically control the motor. It is used to steer the boat with a manual foot control. This device would not be considered a part of an electric motor. In addition, accessories are not provided for in heading 8503, HTSUS.
The second item is a Jagwire cable. This cable is imported cut to a specific length and all the fittings are attached to it. It is dedicated for use with the Pro Control System. The Jagwire cable is an integral part of the pull-pull steering system. The cable runs from the foot pedal to a steering drive collar that rotates 90 degrees in each direction. It does not transmit/receive an electrical impulse.
The third item is a Radial Ball Bearing made of stainless steel with a double seal. The bearing has an outside diameter of 1.3750 inches which is over 30 mm but not over 52 mm.
The fourth item is called a Cable Adjuster without nut. The cable adjuster is an aluminum threaded article used with the Jagwire cable. The cable adjusters have two purposes: 1) to adjust the throw length of the drive collar and 2) take up the expansion of the cable from prolonged use.
In your letter, you suggested that the Cable Adjuster be classified in subheading 8479.90.9496, HTSUS, which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof. You indicate in your letter that the cable adjusters can be used on other pieces of equipment and are not solely used on the Pro Control System. As stated in the letter, the cable adjusters can be used on all bicycles that contain brake shoes and shifters. These cable adjusters are not limited to use with machines or mechanical appliances of Chapter 84. In view of this fact heading 8479.90, HTSUS, would not be applicable.
With your request, you submitted 3 samples, i.e. Jagwire cable, Cable Adjuster without nuts, and the Radial Ball Bearing. As per your request, these samples are being returned to your office.
The applicable subheading for the Pro Control System, imported packaged for retail sale, will be 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. The rate of duty will be 2.5% ad valorem.
The applicable subheading for Jagwire cable will be 8479.90.9496, HTSUS, which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Parts: Other: Other: Other. The rate of duty will be Free.
The applicable subheading for the Radial Ball Bearing will be 8482.10.5048, HTSUS, which provides for Radial Ball Bearings, single row, having an outside diameter over 30 millimeters but not over 52 millimeters. The rate of duty will be 9% ad valorem.
The applicable subheading for the Cable Adjuster will be 7616.99.5090, HTSUS, which provides for Other articles of aluminum: Other…Other…Other…Other…Other…Other. The rate of duty will be 2.5% 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