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

Ms. Linda Boortz
Aries Worldwide Inc.
1501 East Richey Road
Houston, Texas 77073

RE: The tariff classification and country of origin marking of a pump unit.

Dear Ms. Boortz:

In your letter dated November 16, 2016, on behalf of Klaus Union, Inc., you requested a tariff classification ruling. Neither a marked sample nor a photograph of the product was submitted with your request.

The merchandise at issue are magnetic drive pump units, models SLM AVP, SLM GV and SLM SVO. The drive pump units are used in the petrochemical and refinery industries. Each unit consists of a centrifugal pump from Germany, a motor from Taiwan and a steel base plate with a coupling and coupling guard from Germany. The magnetic coupling connects the electric motor with the pump’s internal magnet and the motor, along with the magnet, drive the pump’s impeller. All of the components are assembled into a complete unit and packaged for export in Germany. Together, the components displace fluid.

The applicable subheading for the magnetic drive pump units, models SLM AVP, SLM GV and SLM SVO, will be 8413.70.2090, Harmonized Tariff Schedule of the United States, (HTSUS) which provides for Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; part thereof; Other. The rate of duty is Free.

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.

The country of origin for marking purposes is defined at section 19 CFR 134.1(b), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of Part 134. A substantial transformation is effected when a manufacturer or processor converts or combines an article into a new and different article resulting in a change in name, character, or use. Based on the information provided, we find the magnetic drive pump units, models SLM AVP, SLM GV and SLM SVO are products of Germany for marking purposes. In your letter, you inquire as to the classification of the Taiwanese electric motor and the applicability of the special classification provision of heading 9802 HTSUS. However, to address whether the good is eligible for 9802, additional information is needed. This information includes identifying the specific 9802 provision and explaining how the good is eligible for the 9802 provision.

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