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HQ 957286




September 5, 1995

CLA-2 R:C:M 957286 KCC

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.21.00; 8413.91.90

Mr. Leslie Alan Glick
Porter, Wright, Morris & Arthur
1233 20th Street, N.W.
Washington, D.C. 20036-2395

RE: Body housing, cover plate, plug, shaft, impeller, propeller, and bearing plate; housing cover thrust washer; locking rotor washer; oil pump parts; EN 73.13; spring washers and other lock washers;

Dear Mr. Glick:

This is in response to your letter dated November 4, 1994, on behalf of Copeland Corporation, requesting a ruling regarding the tariff classification of refrigeration and air conditioning compressor components under the Harmonized Tariff Schedule of the United States (HTSUS). Information contained in an additional submissions dated May 25, and August 29, 1995, and presented at a meeting on July 24, 1995, were also considered.

FACTS:

According to your submission, Copeland plans to export used U.S.-origin compressors to Mexico for disassembly into approximately 42 compressor component parts. Approximately two thirds of the compressor components are cleaned and/or reconditioned in Mexico and returned to the U.S. The balance of the parts are treated as waste and returned to the U.S. for disposal as scrap. The components at issue are the oil pump parts (Tab F), housing cover thrust washer (Tab J) and the locking rotor washer (Tab B). The oil pump parts are the body housing, cover plate, plug, shaft, impeller, propeller, and bearing plate. You state that only various parts of the oil pump are imported; an unassembled oil pump is never imported. The information presented states that the housing cover thrust washer is used to control the crankshaft rotation and movement. It does not function as bearing surface, but as a spacer. The locking rotor washer functions as a washer as it is designed to hold the rotor to the crankshaft. It can be imported in two forms, with a flange cut into the edge and without the flange. Both forms have the same part number when imported.

ISSUE:

What is the proper tariff classification of the oil pump parts, housing cover thrust washer and the locking rotor washer under the HTSUS?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs). GRI 1, HTSUS, states, in part, that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...."

Based on the information provided, we are of the opinion that the oil pump parts, i.e., body housing, cover plate, plug, shaft, impeller, propeller, and bearing plate, are classified under subheading 8413.91.90, HTSUS, which provides for "Pumps for liquids, whether or not fitted with a measuring device, liquid elevators; part thereof...Parts...Of pumps...Other...." We reiterate that this classification applies only to the various parts of the oil pump. This classification does not apply to an importation of parts which are used to construct an complete oil pump or parts which are classified as an unassembled oil pump under GRI 2(a), HTSUS.

With regards to the housing cover thrust washer and locking rotor washer, the subheadings at issue are as follows:

7318 Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel...Non-threaded articles...

7318.21.00 Spring washers and other lock washers....

7318.22.00 Other washers.

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes (ENs) may be consulted. The ENs, although not dispositive nor legally binding, provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See, T.D. 89-80, 54 Fed. Reg. 35127, 35128, (August 23, 1989). EN 73.18(E) (pg. 1030), states:

Washers are usually small, thin discs with a hole in the centre; they are placed between the nut and one of the parts to be fixed to protect the latter. They may be plain, cut, split (e.g., Grower's spring washers), curved, cone shaped, etc. (emphasis in original).

Based on the information submitted, we are of the opinion that the both the housing cover thrust washer and locking rotor washer are classified under subheading 7318.21.00, HTSUS, as spring washers and other lock washers. We note that the housing cover thrust washer does not function as a bearing surface, and therefore, classification under subheading 7318.21.00, HTSUS, is appropriate.

HOLDING:

The oil pump parts, i.e., body housing, cover plate, plug, shaft, impeller, propeller, and bearing plate, are classified under subheading 8413.91.90, HTSUS, which provides for "Pumps for liquids, whether or not fitted with a measuring device, liquid elevators; part thereof...Parts...Of pumps...Other...." Articles classified under this tariff provision are dutiable at the Column 1 rate of 2.4% ad valorem.

The housing cover thrust washer and locking rotor washer are classified under subheading 7318.21.00, HTSUS, as spring washers and other lick washers. Articles classified under this tariff provision are dutiable at the Column 1 rate of 5.8% ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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