CLA-2-84:OT:RR:NC:N1:104

Mr. Wang Xu Dong
Dalian Fly International Trade Co., Ltd.
15-701, Vanke City Garden
Xinsheng Road
Dalian
China 116021

RE: The tariff classification of Iron Castings from China

Dear Mr. Dong:

In your letter dated July 11, 2016, on behalf of your client, SPX Flow Technology, you requested a tariff classification ruling.

The importation consists of five different supply castings made of iron. They include a gear case, a gear hub, a pedestal, an end cover and a propeller. They weigh between 0.5kg to 200kg. You state that the castings are spare parts used in industrial fluid mixing equipment designed by SPX Flow Technology and cannot be used interchangeably in different types of machines. Before importation to the United States, these castings are cleaned, painted and machined according to specifications which include cutting, boring, and drilling. The propeller functions as an agitator and the pedestal supports the motor.

The applicable subheading for the propeller and the pedestal castings will be 8479.90.9496, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in the chapter, parts thereof: Parts: Other ... Other: Other”. The duty rate 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 https://hts.usitc.gov/current.

Your inquiry does not provide enough information for us to give a classification ruling on the gear case, the end cover and the gear hub. Your request for a classification ruling should include the following:

Submit labeled cutaway diagrams and other pictorial representations of the Gear Case, End Cover, and Gear Hub. Identify the gears by type and the additional components that are included within the items. Describe how each component functions in relation to the unit that they are designed to be used with. Include specific characteristics that make each article designed for use with the machine that it is designed to be used with.

Will the Gear Case, End Cover, and Gear Hub be imported all at the same time? What are the technical features that keep the articles from being used in other applications or industries? Does the gearbox function in variable ratios?

Is the gearbox designed to work with an electric motor? If so, how are they connected to each other? Will the gearbox be imported with an electric motor? Using diagrams, illustrations or pictorial representations, describe how the gearbox receives and transmits torque from the engine/electric motor that it is designed to work with. Specifically, provide technical details explaining how the gearbox operates and how it is actuated.

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 Patricia O’Donnell at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division