CLA-2-73:OT:RR:NC:1:118
Mr. Sebastian Eich
Aventis Atlantic Partners LLC
245 N. Highland Ave NE
Suite 230-102
Atlantic, GA 30307
RE: The tariff classification of springs from Germany.
Dear Mr. Eich:
In your letter dated November 20, 2013, on behalf of Rausch & Pausch LP, you requested a tariff classification ruling. The samples are being returned as you requested.
Five samples were submitted for review. You have stated that the following items are used as parts for a hydraulic oil reservoir with a piston accumulator:
Part number 15684051, described as a Sleeve Spring, is a helical wire spring made of steel. The wire that the spring is made of has a cross-sectional dimension of 1.1 mm.
Part number 15683051, described as an Armature Pull Back Spring, is a helical wire spring made of steel. The wire that the spring is made of has a cross-sectional dimension of 1.5 mm.
Part number 15685051, described as a Retaining Spring, is a helical wire spring made of steel. The wire that the spring is made of has a cross-sectional dimension of 1.1 mm.
Part number 1568051, described as a Spring Washer, is an open-ended flat spring. It is made of steel wire that is approximately .8 mm in diameter. You have stated that the Spring Washer sits in a groove and prevents other parts from moving by applying tension.
Part number 15645051, described as a Check Valve Choke, is constructed of steel and plastic. You have stated that it is used to hinder the flow of fluid charging the piston accumulator and also provides full flow when releasing the stored fluid.
The applicable subheading for the Sleeve Spring, Armature Pull Back Spring and Retaining Spring (part numbers 15684051, 15683051 and 15685051) will be 7320.20.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for springs and leaves for springs, of iron or steel: helical springs: other: helical springs, of wire having a cross-sectional dimension of less than 5.1 mm: other. The duty rate will be 3.9% ad valorem.
The applicable subheading for the Spring Washer (part number 15686051) will be 7320.90.5020, HTSUS, which provides for springs and leaves for springs, of iron or steel: other: other: of wire: other. The duty rate will be 2.9% ad valorem.
You suggested classifying the Sleeve Spring, Armature Pull Back Spring and Retaining Spring within subheading 7320.20.5060, HTSUS. However, that subheading provides for helical springs with a cross-sectional dimensions of 5.1 mm or more but less than 12.7 mm. The helical springs under consideration have cross-sectional dimensions of less than 5.1 mm. Therefore, your proposed classification is incorrect.
Consideration was also given to your suggested classification of 7320.20.5060, HTSUS, for the Spring Washer. However, that subheading provides for helical springs. Inasmuch as the Spring Washer does not consist of a helical spiral, your proposed classification is incorrect.
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/.
Your inquiry does not provide enough information for us to give a classification ruling on part number 15645051, described as a Check Valve Choke. Your request for a classification ruling should include the following:
Is this item best described as a part of the piston accumulator or a part of a valve located within the piston accumulator?
If this is in fact a valve part, please provide a labeled diagram clearly identifying each of the components that make up the valve and their material composition. Please clarify what type of valve this is. Although the item is referred to as a choke for a check valve, it appears to function as part of a choke valve. Is this correct? How is this valve actuated? Is it hydraulically, electrically or manually operated?
You state that this part hinders the flow of fluid when charging the piston accumulator, but provides full flow when releasing the fluid stored. In layman’s terms, please provide a detailed explanation of how this occurs.
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 all of the material that we have returned to you.
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 Anthony Grossi at (646) 733-3021.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division