CLA-2-84:OT:RR:NC:N1:102
Vivian Sun
Telco International Corporation
9812 Whithorn Drive
Houston, Texas 77095
RE: The tariff classification of a pump tower kit from China.
Dear Ms. Sun:
In your letter dated May 27, 2015 you requested a tariff classification ruling. Technical illustrations were included.
The Pump Tower Assembly Kit is described as the power drive system and the primary component of the CT6 diaphragm transfer pump. The CT6 diaphragm pump is used in agricultural chemical settings and is designed to transfer viscous chemicals and fluids, such as Diesel Exhaust Fluid. The Pump Tower Assembly Kit includes a pump tower, a motor, a rotor and a guard. The aluminum pump tower houses the rotor that is used to control fluid pressure and weighs 0.9 pounds.
The classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation ("GRIs"), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes.
Legal note 2(b) to Section XVI states parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate.
Accordingly, with Note 2(b) to Section XVI, the applicable subheading for the Pump Tower Assembly Kit will be 8413.91.9080, HTSUS, which provides for parts of liquid pumps. The general rate of duty will be 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 Sandra Martinez at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division