CLA-2-84:OT:RR:NC:N1:102
Ms. Catherine Zhuang
Hengli America Corp
580 West Crossroads Pkwy
Bolingbrook, IL 60440
RE: The tariff classification of a hydraulic pump from China
Dear Ms. Zhuang:
In your letter dated September 26, 2019 you requested a tariff classification ruling.
The merchandise in question is described as a hydraulic pump, part number HP3V80. The hydraulic pump is configured as a reciprocating positive displacement pump that uses an axial piston to displace fluid. The pump is used in oil rigs, along with aerial work platforms and mobile cranes used in construction or off-highway applications.
In your letter, you suggest that the hydraulic pump should be classified under subheading 8413.50.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Other reciprocating positive displacement pumps: Oil well and oilfield pumps. While we agree the pump is classified in heading 8413, we disagree at the subheading level, as the hydraulic pump is used in applications other than in oil wells and oilfields.
As such, the applicable subheading for the hydraulic pump, part number HP3V80, will be subheading 8413.50.0080, HTSUS, which provides for Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Other reciprocating positive displacement pumps: Other: Hydraulic fluid power pumps: Other. The rate of duty is Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 8413.50.0080, HTSUS, unless specifically excluded, are subject to an 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 subheading 8413.50.0080, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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