The tariff classification of an RO Membrane Filter Element from China.

N327887 September 16, 2022 CLA-2-84:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 8421.21.0000; 9903.88.01 Rachel Stallings FNS Customs Brokers Inc. 18620 Harmon Avenue Carson, California 90746 RE: The tariff classification of an RO Membrane Filter Element from China. Dear Ms. Stallings: In your letter dated August 26, 2022, on behalf of your client, LG NANOH2O LLC, you requested a tariff classification ruling. Descriptive literature was provided for our review. The item under consideration is described as an RO Membrane Filter Element, identified by product number LG BW 4040 ES. The filter element is used in the desalination of seawater, recycling of wastewater, production of drinking water and production of ultrapure water. The filter element measures 1,000 mm long by 200 mm in diameter and is made from a permeate tube core with holes punched in it, a polyamide thin composite film rolled around the core and EPDM rubber seal endcaps to hold it together. An example of a typical installation was included in the request, which identified a setup that included 13 tubes each containing five to seven elements. The tubes were held together by a steel structure. In operation, water is separated into low concentration (production water) and high concentration (seawater) by a membrane (separator), which is applied to the high concentration side by applying a pressure higher than osmotic pressure to produce low concentration clean water. We have found that the RO Membrane Filter Element in this request is substantially similar in composition and use to the Reverse Osmosis Filter Element in NY L80202 (dated October 28, 2004), which CBP determined to be classified in heading 8421, Harmonized Tariff Schedule of the United States (HTSUS). Accordingly, the applicable subheading for the RO Membrane Filter Element, product number LG BW 4040 ES, will be 8421.21.0000 HTSUS, which provides for “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: 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 8421.21.0000, 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 8421.21.0000, 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. The article in question may be eligible for an exclusion from the Section 301 tariffs, however, that determination will be made independently of this prospective tariff classification ruling.  For further information regarding specific entry issues, please contact your assigned CBP Center of Excellence & Expertise office prior to importation of the good. 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 Jason Christie at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division