The tariff classification of air compressors from China

N300722 October 19, 2018 CLA-2-84:OT:RR:NC:N1:102 CATEGORY: Classification TARIFF NO.: 8414.80.1605, 8414.80.1615, 8414.80.1625, 8414.80.1635, 8414.80.1640, 8414.80.1645, 9903.88.03 Ms. Amanda C. Holley Kepla USA 5193 Altizer Ave. Huntington, WV 25705 RE: The tariff classification of air compressors from China Dear Ms. Holland: In your letter dated September 20, 2018, you requested a tariff classification ruling. Descriptive information was provided. The merchandise in question is available in various models and is referred to as Kepla air compressor pumps. Each cast-iron compressor pump is configured as a positive displacement compressor that uses a crankshaft-driven piston and cylinder to compress air. The compressors include a motor and are designed to be bolted to their application. The applicable subheading for the Kepla air compressor pump, model number QT-1051, will be 8414.80.1605, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for Air or vacuum pumps, air or other gas compressors and fans; Air compressors; Other; Stationary; Reciprocating; Not exceeding 746 watts. The general rate of duty will be Free. The applicable subheading for the Kepla air compressor pumps, model numbers QT-1065-A, QT-1065-B, QT-2051-B, QT-2051-A, QT-2055-A, QT-2065-A, QT-2065-B, QT-3065-A, QT-2065-Z, QG-2051B, QG-2065B, QG-3065B, QG-2080B and QT-2080-A, will be 8414.80.1615, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; Air compressors; Other; Stationary; Reciprocating; Exceeding 746W but not exceeding 4.48 kW. The general rate of duty will be Free. The applicable subheading for the Kepla air compressor pumps, model numbers QT-3080-A, QT-2080-Z, QT-1090-Z, QT-1105-T, QG-3080B and QT-2090-B, will be 8414.80.1625, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; Air compressors; Other; Stationary; Reciprocating; Exceeding 4.48kW but not exceeding 8.21 kW. The general rate of duty will be Free. The applicable subheading for the Kepla air compressor pumps, model numbers QT-3090-B and QT-2105-T, will be 8414.80.1635, which provides for Air or vacuum pumps, air or other gas compressors and fans; Air compressors; Other; Stationary; Reciprocating; Exceeding 8.21kW but not exceeding 11.19 kW. The general rate of duty will be Free. The applicable subheading for the Kepla air compressor pump, model number QT-1155-T, will be 8414.80.1640, which provides for Air or vacuum pumps, air or other gas compressors and fans; Air compressors; Other; Stationary; Reciprocating; Exceeding11.19kW but not exceeding 19.4 kW. The general rate of duty will be Free. The applicable subheading for the Kepla air compressor pump, model number QT-2155-T, will be 8414.80.1645, which provides for Air or vacuum pumps, air or other gas compressors and fans; Air compressors; Other; Stationary; Reciprocating; Exceeding19.4kW but not exceeding 74.6 kW. The general rate of duty will be Free. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS.  The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS.  Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974).  Products of China that are provided for in subheading 9903.88.01,  9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheadings 8414.80.1605, 8414.80.1615, 8414.80.1625, 8414.80.1635, 8414.80.1640 and 8414.80.1645, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheadings 8414.80.1605, 8414.80.1615, 8414.80.1625, 8414.80.1635, 8414.80.1640 and 8414.80.1645, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Sandra Martinez at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division