CLA-2-84:OT:RR:NC:N1:102
Ms. Christa Cline
Kapp Technologies LP
2870 Wilderness Place
Boulder, CO 80301
RE: The tariff classification of various machine parts from Germany
Dear Ms. Cline:
In your letter dated November 10, 2011 you requested a tariff classification ruling. Descriptive literature and photographs were included with your submission.
The items under consideration are described as rings/adapters, spacers, flanges, telescopic covers, wipers and an elastic bellows. You state that these parts are used on gear grinding/finishing machines. However, you indicate that the subject items are not specifically designed for gear grinding machines but are suitable for industrial machinery in general.
The rings/adapters, spacers and flanges are made from alloy, non-alloy or tool steel and may have threaded or unthreaded bores or mounting holes. They are available in sizes ranging from
.5 to 5 inches in thickness and 3 to 20 inches in outside diameter. These components are used to provide proper spacing between machine parts such as in the mounting assembly of a drive or spindle and also to mount various components of the machinery (e.g. spindles, drives, etc.).
Consideration was given to classifying the subject items under heading 8466, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand. However, the items are “common to industrial machinery”. Thus, as the items are not designed for use solely or principally with the gear grinding/finishing machines of heading 8461, HTSUS, classification in heading 8466, HTSUS, is precluded.
Based on the information made available, the rings/adapters, spacers and flanges are used in various assemblies on industrial machines and are not specific to a gear grinding machine. As such, we find the subject items to be other machinery parts of heading 8487, HTSUS.
The applicable subheading for the rings/adapters, spacers and flanges will be 8487.90.0080, HTSUS, which provides for other machinery parts, not containing electrical connectors, insulators, coils contacts or other electrical features, and not specified or included elsewhere in Chapter 84. 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 http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a classification ruling on the telescoping covers, wipers and elastic bellows. Your request for a classification ruling should include the following information:
Please furnish a sample swatch of the material comprising the bellows. Provide a complete description of the material comprising the bellows. If there is more than one material, submit a breakdown by cost and weight for each material.
In addition, describe in detail how the telescopic covers operate/function. Do they incorporate any mechanical and/or electrical features? Are the covers imported together with the wipers? If so, do the wipers come in already attached to the covers? Please explain. Can the wipers be used without the covers?
Based on the illustrations many of the wipers appear to be profile shapes, i.e., complex cross sections that are uniform throughout their length. Classification depends on how the profiles are formed, whether they are further worked and the component that imparts the essential character. For each wiper for which you are requesting a ruling, provide a sample length of at least 4 inches. Provide a breakdown by weight and value of each component and identify the function of each component. For any components identified as “rubber” specify the exact name of the rubber, e.g., SBR, NBR, EPDM.
Describe the manufacturing process (e.g., extrusion) and identify every process after the formation of the profile, e.g., beveling or incorporation of holes or fastening hardware. Indicate whether they are imported in material lengths to be cut after importation or whether they are ready for use. Describe the use of each. If it will be incorporated into a machine, provide details about the type of machine and how it will function in the machine.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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