CLA-2-73:OT:RR:NC:N1:113
Ms. Shauna Link
Aegis Flow Technologies
6041 Industrial Drive
Geismar, Louisiana 70734
RE: The tariff classification of a spring cartridge assembly from Italy
Dear Ms. Link:
In your letter dated May 24, 2021, you requested a ruling on a spring cartridge assembly. Product descriptions, photographs and technical drawings were submitted for our review.
The subject product is identified as Aegis Item Part Number RE-201/SR-Spring (Manufacturer Part Number – SR201) and is used in a Rack and Pinion Style Spring Return Pneumatic Actuator. The subject helical spring is made of steel and is assembled with a stainless steel bolt and nut that pre-compress the spring using two nylon spring guides. The spring wire diameter is approximately 6.60 mm. You stated in your letter that “These springs are installed behind the pistons in the Rack and Pinion Actuators. As air is introduced into the actuator it pushes the pistons in one direction thereby rotating the output shaft. Once the air is released either intentionally or accidentally, the springs return the pistons to their initial position, thereby producing rotary action of the output shaft in the opposite direction.” You indicated that the spring cartridge assembly will be imported separately from the actuator. After importation into the United States, the spring cartridge assembly will be installed into the actuator.
Consideration was given to classifying the spring cartridge assembly in heading 8412, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of spring actuators, as you proposed. Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. Note 1(g) to Section XVI, which encompasses heading 8412, excludes parts of general use as defined in Note 2 to Section XV. Note 2(b) to Section XV lists springs and leaves for springs, of base metal, as parts of general use. It appears that the spring cartridge assembly in its imported condition does not contain any components of the actuator itself. The presence of the bolt, nut, and guides is to keep the spring from bending, and to keep the spring compressed during the installation into the actuator, based on the explanation you provided to this office. The essence of the spring remains the same with or without the bolt, nut, and guides. As a result, classification of the spring cartridge assembly in heading 8412, HTSUS, is precluded, pursuant to Note 1(g) to Section XVI.
You also considered classification for the spring cartridge assembly in heading 7320, HTSUS, which provides for springs and leaves for springs, of iron or steel. Section XV, Note 2(b) provides that parts of general use include springs and leaves for springs, of base metal. Pursuant to Note 1(g) to Section XVI, if the spring cartridge assembly is described as springs of base metal, it is excluded from Section XVI which includes heading 8412. The Explanatory Notes to heading 7320, provide that the heading covers iron or steel springs of all types, irrespective of their use, and that springs may be equipped with U-bolts or other fittings for assembly or attachment. In the opinion of our office the bolt, nut, and guides, which keep the springs acting/moving in a straight line as they are compressed, act as fittings for attachment or assembly. Therefore, the subject spring cartridge assembly is classified in heading 7320, HTSUS.
The applicable subheading for the Aegis Item Part Number RE-201/SR-Spring (Manufacturer Part Number – SR201) will be 7320.20.5045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for springs and leaves for springs, of iron or steel: helical springs: other, helical springs, of wire having a cross-sectional dimension of 5.1 mm or more but less than 12.7 mm. The rate of duty will be 3.9 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.
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