CLA-2-84:OT:RR:NC:1:102
Mr. Kevin Turner
Johnson Electric North America
47660 Halyard Dr.
Plymouth, MI 48170
RE: The tariff classification of a vacuum assembly from China
Dear Mr. Turner:
In your letter dated April 9, 2008 you requested a tariff classification ruling. Technical information, schematic drawings and a sample were submitted.
The item you plan to import is described as a vacuum pump assembly to be used in an automotive braking system. This assembly consists of a direct current (DC) electric motor and an intake and exhaust pump flange that is attached to the motor. The motor shaft extends through the intake/exhaust flange.
After importation, a vane is attached to the shaft along with a rotor glide and pump chamber. The vanes mounted in the rotor glide alongside the interior wall of the pump chamber. The rotation continuously changes the air volume enclosed by the vanes that generates a vacuum. The completed pump is installed in the automotive vehicle body or the combustion engine in the engine compartment.
You suggest the vacuum assembly is correctly classified under subheading 8414.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vacuum pumps. However, since the pump assembly lacks a vane and a pump chamber, it is not a complete pump and is more specifically provided for elsewhere in subheading 8414.90, HTSUS.
The applicable subheading for the vacuum pump assembly will be 8414.90.9040, HTSUS, which provides for parts of vacuum pumps. The rate of duty is 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 Kenneth T. Brock at 646-733-3009.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division