CLA-2-90:OT:RR:NC:N1:105
Paula Gallo
Global Point Technology
5815 County Road 41
Farmington, NY 14425
RE: The tariff classification of Trident DM4500 Wear Debris Monitor parts from China
Dear Ms. Gallo:
In your letter dated January 24, 2019, on behalf of Poseidon Systems, LLC, you requested a tariff classification ruling.
The products at issue, identified as the Trident Spacer Block (PS-0106-0309), the Trident DM4600 Inlet End Plate (PS-0106-0310), and the Trident DM4500 Endplate (PS-0106-0312), are described as cast aluminum components for the Poseidon Systems Trident DM4500 Wear Debris Monitor.
The complete Trident DM4500 Wear Debris Monitor is a real-time, in-line sensing technology for the detection of metallic wear debris and particulates in a lubrication system or any other application where the detection of metal particles is required. The DM4500 will detect, categorize (ferrous vs. non-ferrous), and size metal particles which pass through the sensing bore. The device will detect and measure particles with an estimated spherical diameter of 40 micron ferrous and 150 micron non-ferrous and larger. A wide range of output formats are available including particle type/size, approximate mass, and particle counts in user configurable bins. The device is not limited to use in fluids and can also be used for powders, pastes and solid materials as they pass through the sensing bore.
The Trident DM4500 does not perform any controlling function while in use nor does it have ability to measure pressure or the rate of flow in fluids (or any other medium). Instead, the Trident DM4500 passively monitors the status of the source (fluid, powder, paste or solid material) in search of metallic wear debris. Based on the information provided, the complete Trident DM4500 would be considered an article of heading 9031. Each of the components listed above are solely designed for use with the Trident DM4500 (or the similarly functioning DM4600) and are not excluded from classification in heading 9031 by Notes 1 or 2 to Chapter 90, or by Additional U.S. Rules of Interpretation 1(c). Consequently, the three components at issue would be properly classified in subheading 9031.90.
The applicable subheading for the Trident Spacer Block (PS-0106-0309), the Trident DM4600 Inlet End Plate (PS-0106-0310) and the Trident DM4500 Endplate (PS-0106-0312) will be 9031.90.9195, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Parts and accessories: Other: Other: Other. The rate of duty will be free.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheadings 9031.90.9195, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. If the merchandise is from China, you must report the Chapter 99 subheading, i.e., 9903.88.01 in addition to the corresponding subheading 9031.90.9195, HTSUS, listed above at the time of importation.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division