CLA-2-84:OT:RR:E:NC:N1:102
Mr. Martin John Sveum
FedEx Trade Networks
3813 – 4th Street NE
Great Falls, MT 59404
RE: The tariff classification of a deep well submersible pump “Sub-Pak” from Canada
Dear Mr. Sveum:
In your letter dated October 23, 2008 on behalf of Watergroup Companies, you requested a tariff classification, country of origin and marking ruling.
The article in question is described as a “Dynaflo Deep Well Sub-Pak”. The “Sub-Pak” is a set of individual components that are packaged together for use in the installation of a submersible well pump. In addition to a submersible centrifugal pump and an electric motor, the “Sub-Pak” includes all the valves, fittings, wires and controls necessary to complete the installation of a well pump. The individual components are imported into Canada from various countries and packaged in Canada for distribution to dealers. The submersible pump originates from Taiwan. Based on the information you have provided the “Sub-Pak” is sold as a unit, all components packaged together, unassembled, in a single carton. Accordingly, the “Sub-Pak” components form a set for tariff purposes.
The General Rules of Interpretation (GRIs) govern classification of products under the Harmonized Tariff Schedule of the United States (HTSUS). GRI 3 provides for the classification of goods put up in sets. Under GRI 3(b), goods that cannot be classified by reference to the provisions of GRI 3(a) shall be classified as if they consisted of the component which gives them their essential character. We find that the essential character of the “Sub-Pak” is imparted by the submersible pump. The submersible pump is provided for in HTSUS heading 8413, which provides for pumps for liquids. Accordingly, the “Sub-Pak” set falls to be classified under heading 8413, HTSUS.
The applicable subheading for the “Sub-Pak” set will be 8413.70.2004, HTSUS, which provides for submersible centrifugal pumps for liquids. The general rate of duty is free. In your request you also inquire as to the country of origin and marking for the “Sub-Pak”.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.1(b) of the regulations, defines "country of origin" as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States, as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the regulations provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish.
Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for the purpose of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes. Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, the country of origin of the “Sub-Pak” set is the country or countries of origin of all the materials that merit equal consideration for determining the essential character of the good. Because we find that the submersible pump is the component that gives the “Sub-Pak” its essential character, the country of origin of the “Sub-Pak” is the country of origin of the non-originating submersible pump. The “Sub-Pak” shall be marked to indicate Taiwan as the country of origin.
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 http://www.usitc.gov/tata/hts/.
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 Kenneth Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division