CLA-2-87:OT:RR:NC:N1:101
Martin Ripp-Jorgensen, Sales Manager-Vacuum Loaders
J. Hvidtved Larsen A/S
Lillehojvej 15
Silkeborg, 8600, Denmark
RE: The tariff classification of a mobile sewer cleaning system from Denmark
Dear Mr. Ripp-Jorgensen,
In your letter dated December 10, 2013, you requested a tariff classification ruling.
The item under consideration has been identified as the CityFlex 205. You state that the Kenworth chassis of this vehicle is made in the United States and the balance is made in Denmark. The CityFlex 205 is a compact special purpose vehicle, which functions as a combined high pressure jetting and suction unit. The system will be used to clean pipes and sewers, as well as to empty various types of tanks in areas that are difficult to access by normal sized sewer cleaning vehicles, such as underground parking facilities or backyards of building complexes. The system is significantly smaller than regular sewer cleaning vehicles as it is built on a two (2) axle chassis. The volume capacity of the tank for the CityFlex 205 is 5 yards3 of water and/or sludge and the tank is equipped with a movable partition, dividing the tank into two (2) compartments of flexible size. The Kenworth chassis is bought and exported to Denmark, where it is made into a sewer cleaning and recycling truck. The completed unit is then shipped back into the United States.
In your submission of Ruling Request N247961, this office asked for additional information in order to clarify the difference between a sewer cleaning unit and a vacuum excavator and you stated that “A sewer cleaning unit typically uses a smaller pump 360 – 3100 m³
to create a vacuum in the tank (RECycler uses 3100 m³ (1825 CFM) and CityFlex uses 611 m³ (360 CFM), depending on the size of the tank. The vacuum is then used to suck up liquids. As an analogy you can take a straw and use your lungs/mouth to create a vacuum thereby sucking up the beverage you are drinking. A vacuum excavator, on the other hand uses airflow instead of vacuum. If you put your hands out of the window while driving a car you can feel the force that wind can have. A vacuum excavator used the air density to push materials through the hose into the tank. In order to move dry particles you typically need an air speed of around 150 km/hour (approx. 93 miles/hour). In order to achieve this air speed you will need a different pump with at least 6000 m³ for a 6" hose or 8000 m³ for 8". In most cases, a vacuum excavator operates with a 10" suction hose and uses pumps ranging from 20,000 – 35,000 m³ to be able to move soil and earth. The type of pump used for vacuum excavators furthermore requires a large filter unit to be mounted to protect the pump, while the type of pump used on a sewer cleaning unit does not require a large filter, as it works with liquids and dusty particles thus do not enter the pump…”
The applicable classification subheading for the CityFlex 205 will be 8705.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Special purpose motor vehicles, other than those principally designed for the transport of persons or goods … : Other.” The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.
You also inquired about obtaining a Ruling on the complete product line of the CityFlex Sewer Cleaning Trucks. Please note, requests should contain a maximum of 5 items in order to be accepted. The items in a single request must be of the same class or kind. For example, a request concerning textile articles may not include items such as footwear. For future reference, please include the particular make and model numbers, and all of the pertinent information and facts on your ruling requests for each item.
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 Matthew Sullivan at 646-733-3013.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division