The tariff classification of a seal replacement kit for rotary screw compressor

N231498 September 19, 2012 CLA-2-84:OT:RR:NC:N1:102 CATEGORY: Classification TARIFF NO.: 8412.29.8075 Ms. Maureen Bejar Sullair Corporation 3700 East Michigan Boulevard Michigan City, IN 46360 RE: The tariff classification of a seal replacement kit for rotary screw compressor Dear Bejar: In your letter dated August 20, 2012 you requested a tariff classification ruling. Descriptive information, including technical drawings, was submitted. The article in question is described as a tool kit for replacing a seal on a Model ES6 rotary screw compressor. The kit consists of a number of specialized devices that are necessary to remove various parts of the compressor to allow access to the seal, devices that facilitate removal of the seal to be replaced, devices that enable fixing the replacement seal on the compressor, and devices that facilitate the reinstallation of parts removed to allow for access to the seal. The major components of the kit are described as follows: Hydraulic pump and cylinder, part number 250031-607 Spacer gear removal tool, part number 250031-610 Gear alignment tool, part number 02250086-524 Gear aligning spring, part number 250031-605 Gear aligning tool, part number 250031-609 Gear aligning pin, part number 250031-608 Fan blade removal tool, part number 250031-612 Insert, shaft disassembly, part number 250031-613 Seal slip on tool, part number 250031-615 Shaft seal press tool, part number 250031-616 Wear sleeve installation tool, part number 250031-618 Gear removal tool, part number 250031-619 Wear sleeve removal collar, part number 250034-220 External wear sleeve collar, part number 250034-221 Wear sleeve removal tool, part number 250034-222 Based on the information made available, the subject tool kit is a set consisting of articles put up together, in a manner suitable for sale directly to users without repacking, to carry out the specific activity of replacing a seal on a rotary screw compressor. Further, the components of the kit are, prima facie, classifiable in at least two different headings, with the hydraulic pump and cylinder, part number 250031-607, classifiable as a hydraulic system in heading 8412, Harmonized Tariff Schedule of the United States (HTSUS), and the remaining components classifiable elsewhere in the tariff. As such, the tool kit is classifiable as a set in accordance with General Rule of Interpretation (GRI) 3. GRI 3(a) states that the heading which provides the most specific description of a set shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the items in a set, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods. The subject kits satisfy this description. As stated previously, at least two headings refer to part of the items in the kits. Accordingly, the kits are not classifiable by the application of GRI 3(a). Sets which cannot be classified by reference to GRI 3(a), shall be classified at GRI 3(b) as if they consisted of the component which gives them their essential character. The hydraulic pump and cylinder, which consists of a hand-operated hydraulic pump, a linear hydraulic cylinder and a hose with a “quick disconnect” coupling, appears to be the most substantial component of the seal kit and is essential to the removal of compressor parts that must be removed in order to allow the compressor seal to be replaced. Therefore, the tool kit is classifiable within heading 8412, HTSUS, based upon application of GRI 3(b). The applicable subheading for the seal replacement kit will be 8412.29.8075, HTSUS, which provides for other hydraulic power engines and motors. 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