CLA-2-73:T:RR:NC:1:104
Ms. Cindy Vinson
IFF, Inc.
452A Plaza Drive
P.O. Box 45505
Atlanta, GA 30320
RE: The tariff classification of nozzles from Germany
Dear Ms. Vinson:
In your letter dated April 22, 2011 you requested a tariff classification ruling.
The nozzles in question are used in sewer cleaning operations for cleaning pipes and channels. Each part number is composed of ten characters, i.e., the first character represents the manufacturer; the next four characters represent the part number, the next two indicate the flow rate of the pump and the remaining two characters indicate back water pressure (PSI).
The five specific nozzles are:
(1) Standard Nozzle – Part No. 1-0133-6020/Stainless steel construction with steel inserts,
(2) Chisel Nozzle – Part No. 1-0212-8020S/Stainless steel construction with steel inserts/Drill point allows the nozzle operated by a water supply to move efficiently for sewer lines with total obstruction,
(3) Aluminum Flying Nozzle – Part No. 1-0161-8020S/Aluminum construction with steel inserts,
(4) Grand Slam -3D Nozzle – Part No. 1-0101-8020C/Stainless steel construction with ceramic inserts and
(5) Pipe Wolf Nozzle – Part No. 1-0321-6020C/Stainless steel construction with ceramic inserts/Spins by means of a turbine wheel.
You state that the nozzles (1) are strictly operated by the water supply coming from a pressurized hose attached to water pumping source (generally plunger/piston- or triplex pumps), (2) do not require lubrication because they are not hydraulically, pneumatically or electrically operated, (3) do not incorporate any valves and (3) are imported separately and are not packaged for retail sale at time of importation. In addition, a nozzle’s number of inserts is said to be determined by the size of the nozzle depending on the size of the connection for the water supply and said inserts, whether steel or ceramic, have different orifices due to the different flow rates and back pressure of the water pumps.
In your original request dated December 13, 2010, you proposed that the nozzles be classified in either subheading 8413.91.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of pumps for liquids or in subheading 8424.90.9080, HTSUS, which provides for mechanical appliances for projecting, dispersing or spraying liquids…; parts thereof: parts: other, other. With regard to subheading 8413.91.9080, HTSUS, the nozzles do not complete a pump, nor are they necessary to a pump. While the nozzles may be used with pumps of heading 8413, HTSUS, their function, which is to create spray stream, is not necessary to the function of the pump, which is to move volumes of water. Thus, the nozzles are not within the scope of heading 8413, HTSUS.
We have reviewed the information you provided on the sewer cleaning nozzles. You suggest classification in 8424.90.9080, HTSUS. This heading provides for, “Mechanical appliances…for projecting, dispensing, or spraying liquids”. The imported nozzles are not mechanical in nature, nor do they use mechanical means to transverse blocked pipes. From the information provided it is clear that the nozzles simply use water pressure exerted through a narrow ceramic or stainless steel nozzle as ‘thrust” to propel itself along and as such would not be classified in 8424.
The applicable subheading for the Chisel Nozzles made of stainless steel construction with threaded steel nozzle inserts, and the Standard Nozzles made of stainless steel construction will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other…other. The duty rate will be 2.9% ad valorem.
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/.
Your inquiry does not provide enough information for us to give a classification ruling on the balance of the nozzles described in your requests. Please submit the information described as follows:
Regarding the Grand Slam 3D and Pipe Wolf Nozzles, please submit samples in their imported condition.
Regarding the 3D Aluminum Flying Nozzles, you stated that the Aluminum Flying Nozzles are made of aluminum construction with threaded steel nozzle inserts. Please provide a breakdown by weight of each of the different types of metal (aluminum, steel, etc.) that comprise each Aluminum Flying Nozzle.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 heading 7326, contact National Import Specialist Ann Taub at (646) 733-3018. If you have any other questions regarding the ruling, contact National Import Specialist Patricia O’Donnell at (646) 733-3011.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division