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NY R03349

March 30, 2006

CLA-2-84:RR:NC:1:102 R03349


TARIFF NO.: 8413.70.2090

Mr. Russ Ledbetter
Goodrich Corporation
4115 Corporate Center Drive
Monroe, NC 28110

RE: The tariff classification of a fuel pump and metering unit from various countries

Dear Mr. Ledbetter:

In your letter dated February 28, 2006 you requested a tariff classification ruling on behalf of the Goodrich Corporation. Technical information was submitted.

The article in question is described as Fuel Pump Metering Unit (FPMU). The function of the FPMU is to supply fuel to a turbine engine at the correct pressure and flow rate necessary for starting, running and stopping the engine. You indicate that the FPMU is comprised of a fuel pump and a fuel metering unit. The fuel pump incorporates a high-pressure rotary, positive displacement pumping mechanism and a low-pressure centrifugal pumping mechanism. The metering unit is essentially an assembly of control valves. You contend that the FPMU is properly classified in subheading 8413.70.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other centrifugal liquid pumps.

While liquid pumps are provided for in heading HTSUS 8413, control valves are provided for in HTSUS heading 8481. HTSUS headings 8413 and 8481 are within chapter 84, which is within section XVI of the tariff. Note 4 to section XVI provides that where a machine consists of individual components intended to contribute together to a clearly defined function covered by one of the headings of chapter 84, then the whole falls to be classified in the heading appropriate to that function. Because the pump and the valves contribute together to deliver fuel at the proper flow rate and pressure to a turbine engine, we find that the heading appropriate to that function is HTSUS heading 8413.

We also find that the FPMU is prima facie classifiable under two subheadings within HTSUS heading 8413 because it incorporates two different pumping mechanisms. While HTSUS subheading 8413.60.00 provides for pumps with rotary positive displacement mechanisms, HTSUS subheading 8413.70.20 provides for pumps with centrifugal pumping mechanisms. Further, the mechanisms appear to contribute equally to the character of the FPMU and no one subheading provides a complete description of the article to be classified.

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI). GRI 3(c) provides that when a good is prima facie classifiable under two or more headings, and no one heading provides the more specific description and no one component of the good gives the good its essential character, the good shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. GRI 6 extends the provisions of GRI 3 to the classification of goods at the subheading level. Accordingly, the FPMU falls to be classified under the provision for centrifugal pumps.

The applicable subheading for the FPMU will be 8413.70.2090, HTSUS, which provides for other centrifugal pumps. The general rate of duty is free.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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