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

Ms. Nicole M. Jenkins
Crowell & Moring LLP
1001 Pennsylvania Ave. NW
Washington, DC 20004

RE: The tariff classification of an oil pump body sub-assembly from Japan

Dear Ms. Jenkins:

In your letter dated September 20, 2010 you requested a tariff classification ruling on behalf of your client, Aisin Holdings of America, Inc. Descriptive literature, a schematic drawing and a photograph were submitted.

The article in question is described as an oil pump body sub-assembly, part number 351503. The body sub-assembly is made of cast iron and is part of an automobile’s transmission oil pump. Its primary function is to provide fluid to lubricate the transmission. The transmission oil pump is comprised of the following components: the oil pump body, the stator shaft sub-assembly, the drive gear, the driven gear and the crescent.

The oil pump is driven by the torque converter, and the center drive gear is driven by the torque converter drive hub. The external teeth of the drive gear mesh with the internal teeth of the driven gear which rotates the pump. Located between the two gears is the crescent which separates the inlet of the pump from the outlet. As the gears rotate in a clockwise direction, a low pressure develops on the inlet side of the pump as the gear teeth move away from each other. On the other end of the crescent, the gear teeth come together forcing the fluid through the outlet thereby controlling the amount of fluid being delivered to the transmission.

You suggest classification of the oil pump body sub-assembly under subheading 8413.91.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of pumps of subheading 8413.30.90. HTSUS subheading 8413.30.90 provides for fuel, lubricating or cooling medium pumps for internal combustion piston engines. However, the subject body sub-assembly is a component used in a transmission oil pump and not an engine oil pump and as such is more specifically provided for elsewhere in subheading 8413.91.90, HTSUS.

The applicable subheading for the oil pump body sub-assembly will be 8413.91.9080, HTSUS, which provides for parts of other liquid pumps. The rate of duty is free.

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 T. Brock at (646) 733-3009.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division