The tariff classification of welding positioner chucks and grippers from China

N329684 December 8, 2022 CLA-2-84:OT:RR:NC:N1:104 CATEGORY: Classification TARIFF NO.: 8479.90.9596; 9903.88.01 Scott Sandlin Associated Equipment Company 1603 North Main Street Pearland, TX 77581 RE: The tariff classification of welding positioner chucks and grippers from China Dear Mr. Sandlin: In your letter dated December 2, 2022, you requested a tariff classification ruling. You seek the classification of certain Profax welding “chucks” and “grippers.” These items are made of steel, round in shape with flat bottoms, and feature three adjustable, self-centering clamping jaws. The chucks and grippers are designed to be mounted on a rotating welding positioner machine and when so employed, clamp and hold pipe while it is being welded. The items will be imported in various sizes and clamping ranges to accommodate different pipe diameters. The chucks (model nos. WPC-6, WPC-12, WPC-16, WPC-20, an WPC-25) weigh between 20 to 460 lbs., while the grippers (model nos. WPG-22, WPG-26 and WPG-34) weigh between 130 and 365 lbs. The articles are used with various Profax welding positioner models. The subject items are not magnetic, and they do not transmit electrical current. The items will be sold either individually or packaged with the welding positioner. In N296282, dated February 24, 2015, CBP described and classified a welding positioner in subheading 8479.89, Harmonized Tariff Schedule of the United States (HTSUS). The subject welding chucks and grippers are specially designed for use with a welding positioner machine and, when mounted to the machine, become integral to its function of holding and rotating a workpiece. The items have no other function or purpose independent of the positioner. The applicable subheading for the chucks and grippers will be 8479.90.9596, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Parts: Other: Other: Other:” The rate of duty will be free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8479.90.9596, 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 8479.90.9596, 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 Section 301 trade remedy, 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 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 Arthur Purcell at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division