CLA-2-85:OT:RR:NC:N2:220
Oscar Palacios
C.H. Robinson International
80 E. Ocean Blvd.
Long Beach, CA 90802
RE: The tariff classification of from an electrical enclosure from China
Dear Mr. Palacios:
In your letter dated April 22, 2024, you requested a tariff classification ruling on behalf of your client, Hayward Industries.
The merchandise under consideration is identified as the VAR SPD Pump Cover-Display (Enclosure), which is a plastic molded enclosure having an overlay-keypad, two fasteners, and two rubber sealing washers. The Enclosure provides the structural support for a printed circuit board assembly (PCBA) that is installed within and what functions to electrically control the operation of the pump's electric motor. Based on the information provided in your submission, the Enclosure has no electrical components or parts, but is specially designed to house the PCBA where the electrical switches align to the overlay-keypad.
In your letter you suggest that the applicable subheading for the pump cover is 8413.91.9096, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Parts: Of pumps: Other: Other. As the Enclosure does not encase or house components that circulate fluid nor is it an integral component part of the pump, but is specifically a cover for the PCBA, which is separate from the actual pump, we disagree.
The applicable subheading for the VAR SPD Pump Cover-Display will be 8538.90.6000, HTSUS, which provides for Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Molded parts. The general rate of duty will be 3.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8538.90.6000, HTSUS, unless specifically excluded, are subject to an 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 8538.90.6000, HTSUS, listed above.
Also in your request letter, you inquire if the subject Enclosure can benefit from the published exclusion under the Section 301 tariff classification under 9903.88.67, HTSUS. Specifically, section (ttt)(i) suffix (12), which calls for pump covers classified under statistical reporting number 8413.91.9080, HTSUS. Regarding any eligible exclusions from Section 301 tariffs, we would note that those determinations will be made independently of the tariff classification ruling. For further information on admissibility and exclusions, please contact your assigned Customs Center of Excellence & Expertise office prior to importation of the goods.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division