CLA-2-84:OT:RR:NC:N1:102
Laetitia Auzone
EYENIMAL, Inc.
World Financial District
60 Broad Street, Suite 3502
New York, New York 10004
RE: The tariff classification of a pet fountain from China
Dear Ms. Auzone:
In your letter dated March 5, 2019, you requested a tariff classification ruling. Descriptive literature was provided.
The product at issue is a Stream Pet Fountain. You state in your request that the Stream Pet Fountain is electrically powered and consists of a 52 fluid ounces plastic bowl. A pump, which imparts the essential character to the fountain, is immersed in the water and during operation, moves water up through the slide. Water is then available for a pet to drink. The product contains a set of three (3) charcoal filters for water purification.
The applicable subheading for the Stream Pet Fountain will be 8413.70.2004, HTSUS, which provides for “Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; Other centrifugal pumps; Other; Submersible pumps.” The general 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. Subsequently, 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. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710) and August 16, 2018 (83 F.R. 40823). Products of China that are provided for in subheading 9903.88.01 or 9903.88.02 and classified in one of the subheadings enumerated in U.S. note 20(b) or U.S. note 20(d) 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 subheading 8413.70.2004, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8413.70.2004, 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 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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division