CLA-2-84:OT:RR:NC:N1:106

Peter E. Epp, President
Hillside Pumps & Water Treatment, Ltd.
1613A South Lakeside Drive
Williams Lake, British Columbia
V2G 3A8
CANADA

RE: The tariff classification of electric hoist from Canada

Dear Mr. Epp:

In your letter dated January 21, 2011 you requested a tariff classification ruling.

The item under consideration has been identified as a Submersible Pump Puller, Model P-5. The P-5 is an electric hoist used to install and remove submersible pumps in a well. You state that the P-5 is comprised of a 4-rubber wheeled aluminum cart which holds a cylindrical drum and gear box. Also included in the package are a Guide Roller, which is a smaller aluminum wheel with a bracket to attach to the top of the well casing and a Guide Roller Stand, which is used when the well casing is too short. You state that the other attachments included in the package are a Cable Gripper for grabbing the cable on a pitless, a Key and Rod for attaching the hoist cable to the pitless, a Key Handle for marking the height and direction of the pitless, a Lever for assisting a pitless over the Guide Roller and a manual Crank Handle. All items are made of aluminum or chrome plated steel. The Guide Roller has a rubber traction belt and a similar wheel in front. The Cable Gripper, Key Handle and Crank Handle are equipped with fitted plastic handles. The electric power drive, which you illustrate in the ruling request, is not included or sold with the unit.

The applicable subheading for the Submersible Pump Puller, Model P-5 will be 8425.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Pulley tackle and hoists…: …hoists…: Powered by electric motor”. The rate of duty 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 http://www.usitc.gov/tata/hts/.

In addition, you requested a ruling on whether the Submersible Pump Puller, Model P-5 would be eligible for preferential treatment under NAFTA. Products of Canada classifiable under subheading 8425.11.0000, HTSUS, are currently entitled to duty-free treatment under the North American Free Trade Agreement (NAFTA). Finally, you requested a ruling on Country of Origin Marking. 19 C.F.R. 102.11 (a) (1) states:

“The following rules shall apply for purposes of determining the country of origin of imported goods …(a) The country of origin of a good is the country in which: (1) The good is wholly obtained or produced…”

The Country of Origin for the Submersible Pump Puller, Model P-5 will be Canada; therefore the item should be marked “Made in Canada”.

This ruling is being issued under the provisions of Parts 102, 177, 181 of the Customs Regulations (19 C.F.R. 102, 177, 181). 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 Mark Palasek at (646) 733-3013.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division