CLA-2-84:RR:NC:1:102 B87326
Mr. Richard M. Belanger
Powell, Goldstein, Frazer & Murphy LLP
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004
RE: The tariff classification of fuel injection nozzles used in compression-ignition engines.
Dear Mr. Belanger:
In your letter dated July 2, 1997 you requested a tariff classification ruling on behalf of your client Caterpillar.
The items in question are fuel injection nozzles for compression-ignition engines. Three representative samples identified as OR-3423 (DIFN), OR-2503 (Stanadyne), and OR-4531 (1.7L), together with descriptive information and technical drawings, were submitted with your request.
The fuel nozzles in question are a type of inward opening fuel injector nozzle in which a spring holds a jet needle against its seat. Pressurized fuel, supplied by an external injection pump, enters the nozzle and acts upon its jet needle. When fuel pressure within the nozzle reaches a point high enough to overcome spring pressure, the needle will lift off its seat an fuel will be sprayed into the cylinder of the engine.
You indicate that classification of the nozzles under heading 8413, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pumps and parts thereof, would be consistent with the finding in HRL 952497. However, the fuel injection unit considered in that ruling differs significantly from the units in question.
The fuel injector considered in HRL 952497 compressed the
fuel by the action of two internal pistons powered by the
rotation of the engine's camshaft. The fuel injector in and of itself performed all the essential functions of a pump, i.e., intake, compression and discharge, and created the pressure necessary to inject the fuel into the engine cylinder.
The DIFN, Stanadyne and 1.7L nozzle assemblies do not function as pumps. They are designed to simply control the flow of fuel into an engines cylinder. The internal jet needle, seat and spring form a self-operating valve, which opens and closes in response to pressure created by an external injection pump. As valves, the nozzles are provided for in heading 8481 and are classified there in accordance with note 2(a)to Section XVI, HTSUS.
The applicable subheading for the DIFN, Stanadyne and 1.7L nozzle assemblies will be 8481.80.9015, HTSUS, which provides for regulator valves, self-operating, for controlling variables such as temperature, pressure, flow and liquid level. The rate of duty will be 2.7 percent ad valorem.
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 Kenneth T. Brock at 212-466-5493.
Sincerely,
Robert Swierupski
Chief, Metals and Machinery Branch
National Commodity
Specialist Division