CLA-2-90:OT:RR:NC:N1:105
Richard Wait
AW Test Inc.
132 Thacher Street Hornell, NY 14843
RE: The tariff classification of an electrohydraulic testing machinefrom China
Dear Mr. Wait:
In your letter dated July 17, 2024, you requested a tariff classification ruling. Descriptive literature was provided for our review.
The item under consideration is described as the WAW 1000D Computer Controlled Electrohydraulic Universal Testing Machine. The device is equipped with a computer, printer, and general test software to give an accurate determination of metal, including the material tensile strength, yield strength, extension strength, elongation, and elastic modulus mechanical properties. The WAW 1000D prints four types of curves and related test data including force displacement, force deformation, force time distortion and time. With the software self-test function the device can also self-diagnose problems. The testing equipment is used for the industrial and mining enterprises, scientific research units, and universities.
The main body of the unit includes the base working table (with built-in hydraulic pump system), upper and lower beams, hydraulic clamping parts, screws, column and other minor components. The working table and the upper beam are connected by columns as a rigid frame. The lower beam and the base constitute another rigid frame held together by lead screws, which develops two working spaces. The tensile test space utilizes the area between the upper and lower beams and is achieved by clamping the specimen in the upper and lower jaws. Various sizes of specimens are suitable for different sized jaws. The compression test space utilizes the area between the lower beam and the working table. Both tests are achieved by the travel of the lower beam. The test results, measured in kilonewtons (kN), are recorded automatically and can be exported to other machines.
The applicable subheading for the WAW 1000D Computer Controlled Electrohydraulic Universal Testing Machine will be 9024.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials (for example, metals, wood, textiles, paper, plastics), and parts and accessories thereof: Machines and appliances for testing metals. The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9024.10.0000, 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 9024.10.0000, HTSUS, listed above.
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 https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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/.
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 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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division