May 1, 2009 CBP Bulletin Notice on Classification of Suction Diffuser Bodies
In the May 1, 2009 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 43, No. 18), CBP published a notice revoking a ruling and a treatment as follows:
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Revocation of ruling, revocation of treatment.CBP is revoking one ruling on the classification of suction diffuser bodies; in addition, this notice covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after June 30, 2009.
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 issuing 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 makes 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 determines 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 determines that the suction diffuser body is 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."
New: 8421.29.00, duty-free; Previous: 7326.90.8588, 2.9%
(See ITT's Online Archives or 02/26/09 news, 09022640, for BP summary of proposed HQ W96767.)
May 1, 2009 CBP Bulletin (Vol. 43, No. 18) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/