The tariff classification of a Welding Positioner from China

N261282 February 24, 2015 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8479.89.9899 Mr. Scott Sandlin Associated Equipment 1603 North Main Street Pearland, TX 77581 RE: The tariff classification of a Welding Positioner from China Dear Mr. Sandlin: In your letter dated January 29, 2015, you requested a tariff classification ruling. You are seeking classification on a welding positioner designed to hold and rotate a work piece while it is being welded. The positioners vary in capacity and weight. Depending upon the model, the capacity range is 250 pounds to 6,000. The positioners weigh between 113 pounds and 2,275 pounds and they operate on 115 volts up to 440 volts, again depending upon the model. Some of the models contain a foot control to keep the operator’s hands free during the welding operation. In your letter, you propose that the Welding Positioner be classified in subheading 8479.81.0000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other machines and mechanical appliances for treating metal. Examples of units encompassed by the subheading 8479.81.0000, HTSUS, are machines which treat metal by processes such as scouring, pickling, tin-plating and de-sanding. There is no “treatment” of the metal by the positioners. They merely hold the workpieces in place. The applicable subheading for the Welding Positioner will be 8479.89.9899, HTSUS, which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other. The rate of duty will be 2.5% ad valorem. 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/. Your inquiry does not provide enough information for us to give a classification ruling on the chucks used to hold the pipe that is being welded. Your request for a classification ruling should include the following information: Provide descriptive literature, photographs, labeled schematic drawings and other pictorial representations of the chucks in the condition as imported. Specifically, will the chucks be presented with the machines/apparatus of which they are designed to form a part of? Will they be packaged together ready for sale? Explain fully how the chucks function. For example, do these chucks consist essentially of a coil of wire wound around a core of soft iron, this core being either in one piece or laminated? Does the passing of electric current in the coil confer magnetic properties on the core, which can then be used either for attraction or repulsion? Are these chucks essentially electro-magnetic or permanent magnet chucks that are mainly devices of various types in which magnets are used to hold work pieces in place while they are being worked? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Patricia O’Donnell at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division