CLA-2-73:OT:RR:NC:N1:113
Mr. Eric R. Rock
Rock, Rock Trade Law LLC
77 W. Washington Street, Suite 400
Chicago, IL 60602
RE: The tariff classification of sealing plugs, clips, poppets and bypass valve blanks from China
Dear Mr. Rock:
In your letter dated March 8, 2017, you requested a tariff classification ruling on behalf of your client Hydro-Gear, Inc. Samples, pictures, and Service and Repair Manuals for the subject products were submitted with your ruling request for our review. The samples will be returned to your office as requested.
You stated in your letter that “The articles at issue are parts and components of hydrostatic pumps and transmission systems, which are themselves incorporated into a variety of downstream products including, primarily, residential and commercial lawn mowers.” The articles under consideration are identified as product number 9005110-56, a 9/16”-18 sealing plug, product number 53545, a plastic shipping clip for a transmission system, product number 53356, a plastic spacer, product number 2000086-0002, a steel poppet that forms part of a check valve assembly of a variable displacement pump, and product number 4460547-0001, a bypass valve blank that is incorporated into the bypass valve of a variable displacement pump. A ruling on product number 53356, the plastic spacer, will be issued separately.
The sealing plug, product number 9005110-56, is primarily made of steel. It consists of a threaded shank with an O ring at the base of the shank that is secured against the slotted head. The purpose of the plug is to seal a hole in the motor or transmission for oil fill. The plug is used in many Hydro-Gear transmission drive systems, which in turn are used in a variety of types of equipment. In some applications, the plugs are not intended to be removed by the end user. In other cases, the plugs may be removed and disposed by the user in order to connect hoses.
The shipping clip, product number 53545, is composed of plastic and is molded into an “L” shape with internal ridges and fittings. The clip is used on Hydro-Gear “SST” model transmission systems as a retaining clip to ensure the axle horn remains attached to the main transaxle housing during shipping. Once the transmission is bolted onto the vehicle frame, the clip no longer serves an essential function.
The steel poppet, product number 200086-0002, is described as a part of a check valve assembly. The additional components of the check valve assembly are a check spring and a plug that are installed into Hydro-Gear’s P series hydraulic pump’s manifold end caps. The end caps are structural components of a pump and are manufactured to include a hydraulic port and a sealing seat, components needed for the valve to operate. Once complete, the check valve assembly is actuated using the pressure within the pump.
The bypass valve blank, product number 4460547-0001, is a component of a manually actuated throttle metering valve. The bypass valve blank is installed into Hydro-Gear’s P series hydraulic pump’s manifold end cap, which is described as a component necessary that completes the valve. The manifold end cap includes a hydraulic port and a sealing seat that allows for fluid containment within the valve.
The applicable subheading for the poppet, product number 200086-0002, and the bypass valve blank, product number 4460547-0001, will be subheading, 8413.91.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of hydraulic fluid power pumps. The general rate of duty will be Free.
The applicable subheading for the sealing plug, product number 9005110-56, will be 7326.90.8688, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The general rate of duty will be 2.9 percent ad valorem.
The applicable subheading for the plastic shipping clip, product number 53356 will be 3926.90.9996, HTSUS, which provides for other articles of plastics…: other: other…other. The general rate of duty will be 5.3 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 https://hts.usitc.gov/current.
As part of the ruling request you are seeking a determination from Customs and Border Protection (CBP) that product number 2000086-0002 (the poppet), product number 4460547-0001 (the bypass valve) and product number 53356 (the spacer) may be secondarily classified under HTSUS subheading 9817.00.60, as “parts to be used in articles provided for in headings 8432, 8433, 8434 and 8436, whether or not such parts are principally used as parts of such articles and whether or not covered by a specific provision within the meaning of additional U.S. rule of interpretation 1(c).” In order to qualify for duty-free treatment under 9817.00.60, HTSUS, the parts at issue must actually be used with the machines of 8432, 8433, 8434 and 8436 in accordance with sections 10.131 to 10.139 of the Customs Regulations. Therefore, if the poppet and the bypass valve blank are actually used in a machine of one of the four named headings, within three years of the date of entry, it would qualify for duty-free treatment under 9817.00.60, assuming compliance with the certification process laid out in the above cited regulation.
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 Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division