CLA-2-84:OT:RR:NC:N1:102
Ms. Jennifer C. Swetts
Delmar International (N.Y.) Inc.
100 Colvin Woods Pkwy
Suite 500
Tonawanda, NY 14150
RE: The tariff classification of chain sheave rollers from China
Dear Ms. Swetts:
In your letter dated March 28, 2019, you requested a tariff classification ruling on behalf of your client, CCTY Bearing Company. Samples were provided and are being returned to you.
The items at issue are referred to as chain sheave pulleys, part numbers CG3072RSX25-6, CG3082RSX17-6 and CG3092RSPX8-6. The steel pulleys function as a guide for a chain that raises and lowers the mast of a forklift. Each pulley features a grooved outer ring that is designed to retain the chain it is used with.
In your letter, you suggest the chain sheave pulleys be classified under subheading 8483.50.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gearboxes and other speed changers including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: Flywheels and pulleys, including pulley blocks: Other: Other: Other.
While we agree with the suggested heading, we differ at the subheading level. In the information provided, the chain sheave pulleys are described as pulleys with a grooved ring. Grooved pulleys classified within subheading 8483.50 are specifically provided for in subheading 8483.50.9040.
Therefore, in accordance with GRI 1, the applicable subheading for the chain sheave pulleys, part numbers CG3072RSX25-6, CG3082RSX17-6 and CG3092RSPX8-6, will be 8483.50.9040, HTSUS, which provides for Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gearboxes and other speed changers including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: Flywheels and pulleys, including pulley blocks: Other: Other: Grooved pulleys. The general rate of duty will be 2.8 percent.
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 8483.50.9040, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheadings 8483.50.9040, 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