CLA-2-84:OT:RR:NC:N1:102
Sylvia Chen
Shenzhen Three Seven Eight Import and Export Trading Co., Ltd.
Jianshe Road 11, No. 53, Fenghuang Community, Longgang District Pinghu Street Shenzhen 518100 China
RE: The tariff classification and country of origin of an inverter pool pump
Dear Ms. Chen:
In your letter dated October 31, 2024, you requested a country of origin ruling on an inverter pool pump. Technical information was provided with your submission.
The product under consideration is described as an inverter pool pump used for swimming pool water circulation and filtration. The pump is non-submersible and categorized as a centrifugal, single-stage, single-suction, close-coupled pump. It features an integrated filter and a push-button digital control interface. Additionally, it is neither fitted nor designed to be fitted with a measuring device. Its material composition varies by component and includes but is not limited to polycarbonate/acrylonitrile butadiene styrene (PC/ABS), polyvinyl chloride (PVC), aluminum alloy, and other plastics reinforced with glass fiber (i.e., glass-filled polypropylene, or PP+GF).
During operation, water in the pump is thrown outward under the action of centrifugal force generated by high-speed rotation of the impeller. Simultaneously, a vacuum forms at the horizontal inlet which pulls additional pool water in to replenish space under external atmospheric pressure. The drawn-in water moves to the impeller and is forcefully thrown outward to a guide vane and directed to a vertical discharge outlet of approximately six centimeters in diameter. The continuous cycle of suction and discharge results in the circulation of swimming pool water.
In your letter, you suggest the inverter pool pump is classified within subheading 8413.19, 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: Pumps fitted or designed to be fitted with a measuring device: Other. We disagree.
Classification under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods will be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 will then be applied in order. Although the terms of heading 8413, HTSUS, describe the subject product, we note that it is neither fitted nor designed to be fitted with a measuring device. As a result, the inverter pool pump cannot be classified in subheading 8413.19, HTSUS, and in accordance with GRI 6, other six-digit subheadings within heading 8413, HTSUS, must be considered.
The applicable subheading for the inverter pool pump will be 8413.70.2015, HTSUS, which provides for Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Other centrifugal pumps: Other: Other: Single-stage, single-suction, close-coupled: With discharge outlet 5.08 cm or over in diameter. The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and accompanying duty rates are provided at https://hts.usitc.gov/.
Regarding country of origin, you state that all assembly processes occur in Thailand from mainly Thai origin components. You state that the only components originating from China are the mechanical seal, power cable, drain plug, and inverter housing. The process begins with the assembly of components such as the connecting cover, impeller, mechanical seal, and the pump body, and connecting them by incorporating wires, screws, nuts, O-rings, and fasteners. Secondly, the pump body is assembled with the motor and installed to the base assembly and converter housing, incorporating additional cables and fasteners. The fully assembled pump undergoes testing and inspections for quality assurance and repairs are conducted accordingly. If satisfactory, the product is finally packaged in a labeled carton.
When determining the country of origin for purposes of applying current trade remedies under Section 301, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter (HQ) H301619, dated November 6, 2018. The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff'd, 989 F.2d 1201 (Fed. Cir. 1993).
In this instance, the product's core components are manufactured in Thailand, including the cover, the body, the impeller, and the motor. The assembly of the Thai origin components and the four Chinese origin components in Thailand constitutes a substantial transformation because the individual components lose their separate identities and become a new article, i.e., a centrifugal pump. As such, we find that the country of origin of the inverter pool pump will be Thailand. Therefore, the inverter pool pump will not be subject to Section 301 remedies.
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 Paul Taylor at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division