CLA-2-84:OT:RR:NC:N1:104
Mark Baxa
FerniaCreek Global Supply Chain Consulting Group
2208 Missouri Boulevard, Suite 102 Jefferson City, MO 63089
RE: The tariff classification of a plumbing snake auger from China.
Dear Mr. Baxa:
In your letter dated April 5, 2023, you requested a tariff classification ruling on behalf of Chervon North America.
The item under consideration is a heavy-weight plumbing snake auger mounted on and directly connected to an electric motor that is contained in specially shaped housing. The item’s intended purpose is to clear clogs in drains, tubs, toilets, showers, or sinks. It can clear 1-1/4 inch to 3 inch drain lines and the electric motor is powered by a Lithium-ion battery.
The plumbing snake auger features a two-way auto feed mechanism that advances or retracts a coiled metal cable contained within a rotating drum. A configurable guide hose, in conjunction with the auto feed mechanism, allows the cable to be directly fed into the drain without touching or feeding the cable by hand. An auto feed switch controls the direction of the cable and controls the drum rotation (forward/off/reverse), and a pneumatic foot switch provides the on/off control of the electric motor. The coiled cable within the auger drum is pushed into the pipe by the centrifugal force created by the motor. As the snake is fed into and down the drain, the electric motor spins a cable inside the drum which dislodges or breaks up clogs or blockages.
You propose classification of the subject item in subheading 8467.29.00, Harmonized Tariff Schedule of the United States (HTSUS), as a tool for working in the hand with a self-contained electric motor. We disagree. The Explanatory Notes to heading 8467 state that the “[t]he expression ‘tools for working in the hand’ means tools designed to be held in the hand during use, and also heaver tools (such as earth rammers) which are portable, that is, which can be lifted and moved by hand by the user, in particular while work is in progress.” The subject item weighs approximately 20 lbs. and is placed on the floor during operation, resting on legs connected to unit’s housing. While the unit incorporates a top handle and can be lifted and moved about a worksite, the plumbing snake auger is not designed to be lifted and controlled while work (clearing drain clogs) is in progress.
Based on the information provided, the applicable subheading for the plumbing snake auger, will be subheading 8479.89.9599, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.” The rate of duty will be 2.5% 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 at https://hts.usitc.gov/current
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Arthur Purcell at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division