CLA-2-84:OT:RR:NC:N1:105
Cynthia Benway
Taco, Inc.
1160 Cranston Street
Cranston, RI 02915
RE: The tariff classification of a dirt separator from the Netherlands
Dear Ms. Benway:
In your letter dated September 24, 2018, you requested a tariff classification ruling.
The product at issue is identified as the 4900 Series Magnetic Dirt Separator. The dirt separator is designed for installation into the liquid circulation elements of an HVAC system. The separator has two open ports which will connect to the piping in a liquid circulation system. As liquid passes through the separator’s chamber, particles of dirt, rust, and magnetite in the liquid are removed from the flow by means of a magnetic component in the separator. The detritus is pulled into the separator’s lower chamber, and periodically flushed from the chamber by means of a manually operated ball valve. The primary purpose of the dirt separator is to remove contaminants from the flow of liquid that passes through it, with the ball valve serving an ancillary function by allowing a user to periodically flush the captured debris from the separator’s collection chamber.
In your submission you inquire if classification of the dirt separator in subheading 8421.39, Harmonized Tariff Schedule of the United States (HTSUS), would be appropriate. Subheading 8421.39 covers filtering or purifying machinery and apparatus for gases. Based on the information provided, the dirt separator at issue is designed to remove impurities from liquid. As a result, it would be more appropriately classified elsewhere in heading 8421.
The applicable subheading for the 4900 Series Magnetic Dirt Separator will be 8421.29.0065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: Other: Other: Other: Other. The rate of duty will be free.
In your submission, you ask about the proper country of origin marking for the dirt separator. You indicate that the complete dirt separator is manufactured in the Netherlands, and incorporates a ball valve of Chinese origin. The ball valve is an integral component of the dirt separator, and specially designed for incorporation into the apparatus. You indicate that, for purposes of shipping, the dirt separator and ball valve are packaged together in a single box, but the valve is not installed into the dirt separator until after it arrives in the United States (to prevent damage during shipping). You inquire if marking the dirt separator as a product of the Netherlands (both on the body of the product and on the retail packaging) would be acceptable.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
Based on the information provided, the complete dirt separator would be considered a product of the Netherlands. The ball valve of Chinese origin is an ancillary component of the complete apparatus, and does not impart the essential character to the good. The dirt separator and ball valve component, packaged together, represent a complete dirt separator entered unassembled or disassembled in accordance with General Rule of Interpretation 2(a). Consequently, marking both the body of the dirt separator and its retail packaging as a product of the Netherlands would be an acceptable country of origin marking.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division