CLA-2-84:OT:RR:NC:N1:104
Vicente Memoli
Sonny’s Enterprise
5870 Hiatus Road
Tamarac, FL 33321
RE: The tariff classification of an industrial vacuum system from Mexico
Dear Mr. Memoli:
In your letter dated May 20, 2025, you requested a tariff classification ruling.
The AutoVac Industrial Vacuum System is designed for outdoor use at commercial car wash facilities. This
electrically powered, interconnected system is comprised of motor-powered turbine blowers for generating
vacuum, centrifugal action filter separator tanks each comprised of a tank-shaped steel frame housing and
filter bag, cyclonic first stage mini particle separators, and several side-by-side vacuum stations, each with its
own vacuum hose, which allows multiple users to vacuum their own vehicles simultaneously. The system
also features a Vacuum IQ system, which is an electronic motor control system that manages the vacuum
motors, and an electrical disconnect box.
Each vacuum station is comprised of vertical steel tubular posts (flanged stanchions) through which vacuum
pipes will run. Each stanchion post will support one first stage mini particle separator and one LED-lighted
overhead arched steel tube that provides branching for the vacuum system suction hoses as well as a support
base for shade canopies of various materials. The complete system also includes couplings, various elbows
and pipes, check valves, air guns, coil air hoses, suction hoses, vacuum nozzles and similar vacuum tools,
and various dedicated connectors, brackets, and hardware for assembling the system.
Shipped together with the system will be two free-standing combination metal towel return bin and glass
cleaner pump dispensers, one single dispenser type and one double dispenser type. These free-standing units
are not connected to the system and are unrelated to the vacuum function.
While the complete unassembled system will be imported into the U.S., you state that due to the large size of
some components, it will need to be imported in separate shipments. You did not indicate which components
will arrive with each separate shipment, or whether the importations will be made pursuant to 19 CFR §
141.58, which allows separately arriving portions of unassembled goods to be imported under a single entry
under specified circumstances.
In your submission, you suggest classification of the complete unassembled Vacuum System in subheading
8479.89.6500, Harmonized Tariff Schedule of the United States (HTSUS), providing for machines and
mechanical appliances having individual functions, not specified or included elsewhere (in Chapter 84): other
machines and mechanical appliances: other: electromechanical appliances with self-contained electric motor:
other. We disagree. The complete Vacuum System with its various components and apparatus is not akin to
the type or class of “appliances” covered by subheading 8479.89.6500.
Pursuant to GRI 2(a), the applicable subheading for the AutoVac Industrial Vacuum System, imported
together unassembled and complete, not including the combination metal towel return bin and glass cleaner
pump dispensers, will be 8479.89.9599, HTSUS, which provides for “Machines and mechanical appliances
having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other
machines and mechanical appliances: Other: Other: Other.” The general rate of duty will be 2.5 percent ad
valorem.
Note that any unassembled components of the system which exceed the number required for that system,
when complete (such as excess or spare parts), will need to be separately classified. See Explanatory Notes to
GRI 2(a).
In the event the goods will not be imported in a single shipment or do not otherwise qualify as a single entry
under the terms of 19 CFR § 141.58, the goods will need to be separately classified. In such case you will
need to identify the products included in each shipment sufficient to allow CBP to determine their
classification.
You did not provide enough information on the combination metal towel return bin and glass cleaner pump
dispensers for us to provide a classification determination. If you desire a binding ruling on this product, you
may submit a new ruling request and include pertinent information such as the unit’s function, method of
operation, material composition, and dimensions.
Products of Mexico as provided by heading 9903.01.01 in Section XXII, Chapter 99, Subchapter III, U.S.
Note 2(a), HTSUS, other than products classifiable under headings 9903.01.02, 9903.01.03, 9903.01.04, and
9903.01.05, HTSUS, will be subject to an additional 25 percent ad valorem rate of duty. At the time of entry,
you must report the applicable Chapter 99 heading, i.e. 9903.01.01, in addition to subheading 8479.89.9599,
HTSUS, listed above. Articles that are entered free of duty under the terms of general note 11 to the HTSUS
(U.S.-Mexico-Canada Agreement (USMCA)), including any treatment set forth in subchapter XXIII of
Chapter 98 and subchapter XXII of chapter 99 of the HTSUS, will not be subject to the additional ad valorem
duties provided for in heading 9903.01.01. If your product is entered duty free as originating under the
USMCA, you must report heading 9903.01.04, HTSUS, in addition to subheading 8479.89.9599, HTSUS.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. Your product falls within an excepted
subheading. At the time of entry, you must report the Chapter 99 heading applicable to your product
classification, i.e., 9903.01.27, in addition to subheading 8479.89.9599, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Arthur Purcell at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division