CLA-2-63:OT:RR:NC:N3:351
Mr. John Strough
Mohawk Global Logistics
P.O. Box 3065
Syracuse, NY 13220
RE: The tariff classification of a textile fire pump bag from Hong Kong
Dear Mr. Strough:
In your letter dated May 30, 2018, you requested a tariff classification ruling on behalf of your client, The Fountainhead Group.
The submitted sample is described as a 5 gallon fire pump bag. It is a bag that can be carried on the back. The bag is made from woven textile fabric and measures approximately 26 inches in length and 18 inches in width. The pump bag features two circular openings, one at the top of the bag, measuring approximately 4.5 inches in diameter and another circular opening, measuring approximately 2 inches in diameter, near the bottom front of the bag. Water will fill a reservoir through the top opening and a quick disconnect fitting coupled with an approved brass pump will be installed through the bottom opening. Dual padded sewn-on shoulder straps allow for ease and stability when worn on the back. A heavily padded closed cell belt strap is also sewn along the bottom of the bag to secure the fire pump bag to the fire fighter allowing him/her to move without the water reservoir shifting on their back. The pump bag will become part of a fully assembled portable firefighting pump. It is also made to hold a portable fire hose mechanism, nozzles and other accessories, by featuring pockets designed to hold firefighting equipment and tools.
In your letter, you suggest that the fire pump bag be classified in subheading 8413.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hand pumps, other than those of subheading 8413.11 or 8413.19. We disagree, as the fire bag is not a pump that displaces fluids. You also request consideration under subheading 8413.91.9080, HTSUS, which provides for other parts of liquid pumps. It is a long-standing CBP practice to define “parts” within the meaning of the HTSUS using the following two tests: It must be an “integral, constituent, or component, without which the article to which it is to be joined could not function as such article” to be a part of an article. United States v. Willoughby Camera Stores, Inc.
An “imported item dedicated solely for use with another article is a ‘part’ of that article within the meaning of the HTSUS.” United States v. Pompeo.
Based on the information provided, the fire bag itself functions without the pump, as it is also a holder for tools, nozzles and fire accessories. Furthermore, there is no indication that the brass pump could not pump fluid without the fire bag. As a result, the fire bag is not a part of a liquid pump of heading 8413 within the CBP definition of a “part.” Thus, the fire bag is excluded from consideration of heading 8413.
In your letter you provide specific details concerning how the fire pump bag will be configured for the ultimate consumer. The item is classified in its imported condition, and does not include a water pump, or parts thereof. The bag is an article of textile used to hold a firefighting pump.
The applicable subheading for textile fire pump bag will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 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 the World Wide Web at
https://hts.usitc.gov/current.
The sample will be returned to you as requested.
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 Adleasia Lonesome via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division