The tariff classification of an unfinished casting for a pump from China

N203770 March 1, 2012 CLA-2-84:OT:RR:NC:N1:102 CATEGORY: Classification TARIFF NO.: 8413.91.9080 Mr. James F. Crawford JSBC International, Inc. 3419 Westminster (Suite 318) Dallas, TX 75205 RE: The tariff classification of an unfinished casting for a pump from China Dear Mr. Crawford: In your letter dated February 7, 2012 you requested a tariff classification ruling. The product you plan to import is described as an unfinished investment casting of a pump valve. The pump valve is utilized in a positive displacement, reciprocating mud pump used to pump, under pressure, a slurry mixture into a subterranean shale formation for the purpose of fracturing the formation to allow oil and gas deposits to be more easily extracted. After importation, the unfinished casting will be subjected to machining and finishing operations, including coating with urethane, before being assembled into a complete pump. Photographs of both the unfinished and the finished pump valve were submitted. Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRI). GRI 1 states that for legal purposes classification shall be determined according to the terms of the headings and any relative section or chapter notes. HTSUS heading 8413 provides for pumps for liquids and parts of such pumps. GRI 2(a) extends the scope of the tariff headings to include unfinished articles by providing that such articles shall be classified as if complete or finished provided that, as imported, they have the essential character of complete or finished articles. The Explanatory Notes relevant to GRI 2(a) explain that the provisions of the rule also apply to blanks. The term "blank" is defined as an article not ready for direct use, having the approximate shape or outline of the finished article or part, and which can only be used, other than in exceptional cases, for completion into the finished article or part. Based on our examination of the submitted photographs, we find that the subject casting is a net shape blank that closely approximates the outline of the finished part it will form. Although the casting may not be to final tolerances and lacks the finished surfaces of the finished part, upon importation it meets the requirements of GRI 2(a). Accordingly, we find that the casting is an unfinished article that has the essential character as a pump part and is provided for in heading 8413, HTSUS. The applicable subheading for the steel investment casting will be 8413.91.9080, HTSUS, which provides for other parts of pumps for liquids. The rate of duty is free. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 (646) 733-3009. Sincerely, Thomas J. Russo Director National Commodity Specialist Division