CLA-2-85:OT:RR:NC:N1:112
Kevin Hardy
Associated Fuel Pump Systems Corporation
1100 Scotts Bridge Road
P.O. Box 1326
Anderson, SC 29622
RE: The tariff classification of a roll spring from Germany
Dear Mr. Hardy:
In your letter received by this office on July 5, 2010, you requested a tariff classification ruling.
The item concerned is referred to as a roll spring (AF064285-8010). It is made from cold hammered rolled steel.
The roll spring is used within the motor assemble of a fuel pump. The spring is used to apply a specific force to the brushes of an electric motor in order to assure that the brushes stay in firm contact with the armature commutator. The brushes allow for the transfer of electrical current through the motor. The roll springs are used with a brushed DC motor with a maximum power output of 100 watts.
You assert in your letter that the roll spring should be classified in subheading 8413.91.9010, HTSUS, which provides parts of pumps. This office, however, disagrees. Since the roll spring is more specifically a part of the motor assembly of the fuel pump, under Legal Note 2(b) to Section XVI, it would be classified as a part of an electric motor. Consequently, the roll spring would not be classified under heading 8413.
The applicable subheading for the roll spring (AF064285-8010) will be 8503.00.9520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts suitable for use solely or principally with the machines of heading 8501 or 8502: Other: Other: Parts of motors”. The rate of duty will be 3%.
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 Steven Pollichino at (646) 733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division