N312836 N3 Ruling Active

The tariff classification of a design flow media from China.

Issued July 9, 2020 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8421.99.0040, 9903.88.01

Headings: 9903, 8421

Product description

The product under consideration is described in your submission as a tubular screen filter (also referred to as design flow media). The tubular screen filter is constructed from extruded polypropylene plastic streams that overlap one another and once cooled, create the design flow media that has the appearance of a mesh screen. After importation it will be permanently installed onto a custom molded bucket using adhesives and straps, which is part of the Bio-Kinetic® wastewater filtration system. The design flow media does not have the ability to filter without being assembled to the molded bucket and is therefore considered a part of a filter. “Parts” are classified in accordance with Note 2 to Section XVI which states that, subject to certain exclusions found in Note 1 to Section XVI, Note 1 to Chapter 84 and Note 1 to Chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules: (a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8487, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective heading; (b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517; (c) All other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8487 or 8548. In applying Note 2(b) to Section XVI, the subject design flow media is a part that can only be used with the Bio-Kinetic® wastewater f

Full text

N312836 July 9, 2020 CLA-2-84:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 8421.99.0040: 9903.88.01 Tim Phillips Norweco, Inc. 220 Republic Street Norwalk, OH 44857 RE: The tariff classification of a design flow media from China. Dear Mr. Phillips: In your letter dated June 5, 2020, you requested a tariff classification ruling. A sample was provided and will be returned separately. The product under consideration is described in your submission as a tubular screen filter (also referred to as design flow media). The tubular screen filter is constructed from extruded polypropylene plastic streams that overlap one another and once cooled, create the design flow media that has the appearance of a mesh screen. After importation it will be permanently installed onto a custom molded bucket using adhesives and straps, which is part of the Bio-Kinetic® wastewater filtration system. The design flow media does not have the ability to filter without being assembled to the molded bucket and is therefore considered a part of a filter. “Parts” are classified in accordance with Note 2 to Section XVI which states that, subject to certain exclusions found in Note 1 to Section XVI, Note 1 to Chapter 84 and Note 1 to Chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules: (a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8487, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective heading; (b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517; (c) All other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8487 or 8548. In applying Note 2(b) to Section XVI, the subject design flow media is a part that can only be used with the Bio-Kinetic® wastewater filtration system. The applicable subheading for the design flow media will be 8421.99.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Parts: Other: Parts of machinery and apparatus for filtering or purifying water.” The general rate of duty will be Free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8421.99.0040, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8421.99.0040, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 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 Jason Christie at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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