CLA-2-69:OT:RR:NC:N2:428
Mr. Brandon McNellis
JJISCO
1815 Executive Drive
Oconomowoc, WI 53066
RE: The tariff classification of a ceramic seal from China.
Dear Mr. McNellis:
In your letter dated December 12, 2015, you requested a tariff classification ruling.
The merchandise under consideration is a ceramic seal, item number 1R1-500-0653. A sample was submitted with your ruling request and was forwarded to the Customs and Border Protection Laboratory for analysis. This analysis has been completed.
The ceramic seal measures approximately .875 inches high by 1.8 inches in diameter at its widest points, and is made of silicon carbide ceramic. From the information you provided, this seal is designed to be used within a pump assembly to seal off media from the motor side of the pump.
In your ruling request you suggest classification of the ceramic seal in 8413.91.90, Harmonized Tariff Schedule of the United States (HTSUS) as other parts of pumps. However, Chapter 84 Note 1(b) specifically excludes the classification of machinery or appliances of ceramic material and ceramic parts of machinery or appliances of any material from classification in Chapter 84, HTSUS. As the seal is made of ceramic, classification in 8413.91.90, HTSUS, is precluded.
Alternatively, you suggest classification of the seal in 6902, HTSUS, as refractory bricks, blocks, tiles and similar refractory ceramic constructional goods, or in 6903, HTSUS, as other refractory ceramic goods. In order for a ceramic article to be classified as refractory ceramic, it must not only meet Chapter 69, Additional United States Note 1, but it must also be designed for high temperature work of the order of 1500 degrees Celsius (C) and higher. In a telephone conversation on January 8, 2016, you informed this office that the normal operating temperature of the seal is 1500 degrees Fahrenheit (approximately 815.5 degrees C). Classification in 6902, HTSUS, or 6903, HTSUS, is therefore precluded.
You also suggest classification of the seal in 6909.11.2000, HTSUS as porcelain or china ceramic machinery parts. However, laboratory analysis has determined that the seal does not meet the definition of porcelain or china ceramic set forth in Chapter 69, Additional United States Note 5(a). Classification in 6909.11.2000, HTSUS is consequently precluded. The laboratory analysis also determined that the seal has a hardness greater than nine on the Mohs scale.
The applicable subheading for the ceramic seal, item number 1R1-500-0653, will be 6909.12.0000, HTSUS, which provides for “Ceramic wares for laboratory, chemical or other technical uses…: Ceramic wares for laboratory, chemical or other technical uses: Articles having a hardness equivalent to 9 or more on the Mohs scale.” The general rate of duty will be 4 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 Nicole Sullivan at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division