CLA-2 CO:R:C:M 952497 LTO
Mr. Robert Burke
Mr. Lawrence M. Friedman
Barnes, Richardson & Colburn
200 East Randolph Drive
Suite 7920
Chicago, Illinois 60601
RE: Fuel-Injector Bodies ("diesel"); 8409; 8481; EN 84.13; NY
866871
Dear Mr. Burke and Mr. Friedman:
This is in response to your letter of August 28, 1992, on
behalf of Cummins Engine Company, Inc. (Cummins), requesting the
classification of a fuel-injector body under the Harmonized
Tariff Schedule of the United States (HTSUS). You have asked
this office to reconsider the denial of your request for internal
advice by the District Director of Customs, Detroit, Michigan.
FACTS:
The article in question is a fuel-injector body used
exclusively in Cummins compression-ignition ("diesel") engines.
The body is a hollow metal forging with a generally cylindrical
shape. One side of the body is flared and formed to accept a
solenoid-operated control valve. The bottom of the body is
threaded to accept other components including a nozzle which
protrudes into the top of the combustion chamber to deliver fuel.
The injector body, nozzle and solenoid together comprise a fuel-
injector unit.
Fuel enters the injector unit through the body retainer and
into the control valve at the top of the injector body. Inside
the injector body is a plunger (one of two plungers in the fuel-
injector unit) which controls the timing of the fuel injection
and the metering of fuel to be injected.
The plunger is operated by a mechanical linkage connected to
the camshaft. An electronic control unit sends signals to the - 2 -
control valve to end metering or start injection by controlling
the flow of fuel into the fuel-injector unit. When the upper
plunger is retracting, fuel flows into a metering chamber at the
bottom of the unit and moves the lower plunger as well. When the
solenoid valve is opened, fuel flow to the metering chamber is
stopped and the lower plunger stops. However, flow commences
through the solenoid valve to the upper plunger thus forming a
hydraulic link between the upper and lower plungers. As the
upper plunger moves down (under the influence of the camshaft
linkage), it forces fuel back through the control valve until the
valve closes. This action forces the lower plunger to move
downward and thus forces fuel from the metering chamber to the
nozzle.
The opening in the nozzle atomizes fuel into droplets of the
appropriate size to promote combustion. The timing of this cycle
precisely meters the amount of fuel flowing into the combustion
chamber and achieves optimum fuel economy while limiting
emissions and smoke.
ISSUE:
Whether the fuel-injector body is classifiable as a part of
a fuel-injector pump for a compression-ignition engine under
Heading 8413, HTSUS.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."
Because there is no provision for the part itself,
classification of the steel fuel-injector body will be based on
the classification of the complete fuel-injector unit. Thus, it
is necessary to determine whether this particular type of fuel-
injector unit used on a diesel engine would be considered a part
of an engine under Heading 8409, HTSUS, a pump under Heading
8413, HTSUS, or a valve under Heading 8481, HTSUS.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Co-operation
Council's official interpretation of the Harmonized System.
While not legally binding, the ENs provide a commentary on the
scope of each heading of the Harmonized System, and are generally
indicative of the proper interpretation of these headings.
EN 84.13, pg. 1159, states that a pump using the linear
action of a piston or plunger driven within a cylinder, the inlet - 3 -
and outlet being regulated by valves, is classifiable under
Heading 8413, HTSUS. The fuel-injector unit in question uses a
plunger within a cylinder to force the fuel from the metering
chamber into the combustion chamber. In addition, the inlet of
fuel is regulated by the control valve and the outlet by a check
valve.
It has been argued that the fuel-injector unit in question
should be classified as a valve according to NY 866871, dated
October 11, 1991. In this ruling, a solenoid operated fuel-
injector used on a gasoline-powered internal combustion engine
was held to be classifiable as a valve under Heading 8481, HTSUS.
This ruling, however, is inapplicable to the case at hand.
A fuel-injector unit used in diesel engines, such as the unit in
question, differs significantly from one used in gasoline
engines. Unlike a fuel-injector for gasoline (and some diesel)
engines, the unit in question is not a valve.
In the unit in question, fuel is metered into the chamber of
the unit by a solenoid, wherein it is compressed by the action of
two pistons, and then ejected at high pressure into a cylinder.
The pressure to deliver the injection in the unit in question is
not generated by the fuel pump. Rather, the downward motion of
the plunger forces the fuel to lift the needle valve in the
nozzle and begin the injection. This force is generated entirely
by the downward motion of the plunger. The complete injector
unit in question performs all of the necessary actions of a pump,
namely, intake, compression and discharge on a continuous basis.
Thus, the unit is classifiable under Heading 8413, HTSUS, and the
fuel-injector body, as a part, is classifiable under subheading
8413.91.10, HTSUS.
HOLDING:
The fuel injector body is classifiable under subheading
8413.91.10, HTSUS, which provides for "[p]umps for liquids,
whether or not fitted with a measuring device; . . . parts
thereof . . . [p]arts . . . [o]f pumps . . . [o]f fuel-injection
pumps for compression-ignition engines." The corresponding rate
of duty for articles of this subheading from Canada which are
eligible for treatment under the Canadian Free Trade Agreement is
0.5% ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division