CLA-2-39:OT:RR:NC:N4:421
Mr. Christopher Reynolds
OHL Trade Services
5101 S. Broad Street
Philadelphia, PA 19112-1404
RE: The tariff classification of seals
Dear Mr. Reynolds:
In your letter dated December 19, 2011, on behalf of SKF USA Inc., you requested a tariff classification ruling.
Five sample seals were included with your letter and will be returned as requested. Item 1037143 is described as a large diameter seal for use in a variety of industrial applications including, but not limited to, wind turbines, offshore drilling equipment, hydraulic and pneumatic pumps and agricultural machinery. The component is said to provide a seal and combat contaminants. It consists of a metal stamping, a garter spring, and a sealing element made of FKM polymer, a fluoroelastomeric considered to be of plastics for tariff purposes.
Item 1118130 is described as a large diameter seal for use in a variety of industrial applications including, but not limited to, wind turbines, offshore drilling equipment, hydraulic and pneumatic pumps and agricultural machinery. The component is said to provide a seal and combat contaminants. It consists of a metal stamping, a garter spring, and a sealing element made of nitrile butadiene rubber, which is considered to be a synthetic rubber for tariff purposes.
Item 550448-25 is described as a crankshaft seal for use in the crankshaft module of an automotive vehicle. The component is designed to provide a seal, retain lubricants, combat contaminants and reduce friction. It consists of a metal stamping, a garter spring, and a sealing element made of FKM polymer, a fluoroelastomeric considered to be of plastics for tariff purposes.
The radial lip shaft seal, no item number, is described as a crankshaft seal for use in the crankshaft module of an automotive vehicle. The component is designed to provide a seal, retain lubricants, combat contaminants and reduce friction. It is constructed by molding polytetrafluoroethylene (PTFE) plastics onto a metal stamping and then curing it in an oven.
The Chrysler cover sealing module, no item number, is designed to cover the front of an automatic transmission module of an automotive vehicle engine. The component is said to provide a seal, confine pressure, combat contaminants, retain lubricants and separate fluids. Unlike the other four styles, which are ring-shaped seals with a metal support and an inner rubber or plastic sealing element, this module is constructed essentially of metal and is solid except for a small opening at the center. The metal cover module plate measures approximately 11 inches in outer diameter and 1 ¾ inches in inner diameter. An elastomeric o-ring fits into a channel at the outer perimeter. There is a rotary shaft sealing lip at the center. The essential character of this module is imparted by the metal module plate component.
You state that the components will have various countries of origin. The rates of duty provided below are the rates applicable to the components when manufactured in countries with which the United States has Normal Trade Relations.
The applicable subheading for the general purpose large diameter seal with the FKM plastic sealing element, item 1037143, will be 3926.90.4590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics…gaskets, washers and other seals…other. The general rate of duty will be 3.5 percent ad valorem.
The applicable subheading for the general purpose large diameter seal with the rubber sealing element, item 1118130, will be 4016.93.1050, HTSUS, which provides for other articles of vulcanized rubber other than hard rubber…gaskets, washers and other seals: of a kind used in the automotive goods of chapter 87…other. The general rate of duty will be 2.5 percent ad valorem.
The applicable subheading for the Chrysler cover sealing module will be 8708.40.7580, HTSUS, which provides for parts and accessories of the motor vehicles of headings 8701 to 8705: gear boxes and parts thereof: parts: other. The general 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).
Your inquiry does not provide enough information for us to give a classification ruling on the crankshaft seal, item 550448-25, and the radial lip shaft seal, no style number, both designed for use in the crankshaft module of an automotive vehicle. Your request for a classification ruling should include enough details about the components so that we can determine if they are solely or principally used as a part of the automotive engine. Exactly what is the crankshaft seal attached to? We believe that it is not part of the actual crankshaft but may be part of the connection between the crankshaft and the engine. Please confirm. What role does it play in the operation of the engine? What role does it play in the operation of the vehicle? Provide a detailed diagram showing its location in the engine or vehicle. Specify whether the seal can be used in applications other than the engine of a motor vehicle or other than some part of the motor vehicle. Provide the same information for the radial lip shaft seal. Exactly what is the shaft seal attached to? Is it part of the engine or part of the connection to the engine? What role does in play in the operation of the engine? What role does in play in the operation of the vehicle? Provide a detailed diagram showing its location in the engine or vehicle. Specify whether it can be used in applications other the engine of a motor vehicle or other than some other part of the motor vehicle. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include a copy of this letter, a copy of your original request, and the sample of the crankshaft seal and radial lip shaft seal.
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 Joan Mazzola at (646) 733-3023.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division