February 19, 2009 CBP Bulletin Notice on Classification of Suction Diffuser Bodies
In the February 19, 2009 issue of the U.S. Customs and Border Protection Bulletin (Vol. 43, No. 9), CBP published a notice proposing to revoke one ruling and a treatment as follows:
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Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the classification of suction diffuser bodies. Additionally, CBP proposes that this notice covers any rulings on this merchandise that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by March 21, 2009, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
Suction diffuser bodies. The merchandise at issue is described as suction diffuser bodies and covers made from ASTM A48 Class 30 steel. These bodies and covers are assembled with domestic parts and sold as complete units in sizes ranging from 1-1/2" x 2" through 10" x 12". Suction diffusers are used in building fluid services to minimize turbulent flow at the inlet of a pump. In addition, the suction diffuser incorporates a strainer to remove large particulates from the fluid in order to protect the pump from possible damage.
CBP is proposing to issue HQ W967677in order to revoke NY E80816 and determine that the suction diffuser bodies are classified under HTS 8421.29.00 as "Filtering or purifying machinery and apparatus for liquids: Other,'' rather than under HTS 7326.90.8588 (formerly 7326.90.8585) as ''Other articles of iron or steel: Other: Other.''
CBP proposes this change as a correction based on more detailed product research, the Explanatory Notes (ENs) and prior rulings on similar merchandise. According to technical sources (see bulletin for details) CBP states that generally, suction diffusers function as a strainer, flow straightener, elbow and pipe reducer, and that the filtration capacity of the suction diffuser is designed to increase or ensure pump protection against harmful debris in fluids which flow throughout the pipe system.
CBP now proposes that these filtration functions are covered in heading 8421. Furthermore, the ENs to heading 7326 explain that this heading covers "iron or steel articles... other thanarticles more specifically covered elsewhere in the nomenclature."
CBP now proposes that suction diffuser bodies be classified in subheading 8421.29.00 which provides for: "Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: Other.''
Proposed: 8421.29.00, duty-free; Current: 7326.90.8588, 2.9%
February 19, 2009 CBP Bulletin (Vol. 43, No. 9) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/