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

Ms. Julie C. Vair
Tradewin
1015 Third Avenue
Seattle, WA 98104

RE: The tariff classification of pumps used in filling stations and garages from China

Dear Ms. Vair:

In your letter dated October 23, 2018, on behalf of your clientAlemite LLC, you requested a tariff classification ruling.

The merchandise under consideration is the 7783 & 7793 series oil pumps, the 7216 & 7880 series oil, antifreeze and transmission fluid pumps, and the 7730 series grease pumps. In use, each pump is attached to a meter, which is separately imported, using a hose or pipe. Together, the pump and the meter create a dispensing sytem that is used to displace grease or oil when automobiles are being serviced in filling stations or garages used in dealerships, truck stops, and quick lubes.

The applicable subheading for the 7783 & 7793 series oil pumps, the 7216 and 7880 series oil, antifreeze and transmission fluid pumps, and the 7730 series grease pumps will be 8413.11.0000, HTSUS, which provides for Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Pumps fitted or designed to be fitted with a measuring device: Pumps for dispensing fuel or lubricants,of the type used in filling-stations or in garages. The general rate of duty will be Free.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS.  The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS.  Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974).  Products of China that are provided for in subheading 9903.88.01,  9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheadings 8413.11.0000, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8413.11.0000, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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.

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