On January 16, 2018, US Customs and Border Protection (CBP) published in the Federal Register a notice of petitioner’s notice of desire to contest a classification determination [USCBP-2018-0001] pursuant to section 516, Tariff Act of 1930, as amended (19 U.S.C. §1516).
In New York ruling letter (NY) E83408, dated July 8, 1999, a steel tube fitting from Taiwan is described as “…a cold forged nonalloy steel male threaded connector body having a center hex nut, one flare tube end and one male pipe end. These tube fittings connect a piece of rigid tubing to a valve, manifold or another piece of rigid tubing in a hydraulic system.” The US Customs Service (CBP’s predecessor agency) classified the steel tube fitting in subheading 7307.99.50, HTSUS (1999), which provides for “Tube or pipe fittings (for example couplings, elbows, sleeves), of iron or steel: Other: Other: Other.” In 1999, the column one, general rate of duty for subheading 7307.99.50, HTSUS, was 4.3 percent ad valorem.
On October 29, 2014, counsel filed a petition on behalf of Brennan Industries, Inc. (“Petitioner”), requesting that CBP reclassify the articles under consideration (and as described in NY E83408) in subheading 8412.90.90, HTSUS (2014), which provides for “Other engines and motors, and parts thereof: Parts: Other.” The column one, general rate of duty for subheading 8412.90.90, HTSUS, in 1999, 2014 and today is free.
On February 9, 2016, CBP published a Notice of Receipt of a Domestic Interested Party Petition in the Federal Register (81 Fed. Reg. 6880). The notice invited written comments on the petition from interested parties. The comment period closed on April 11, 2016. One comment was timely received in response to this notice, which was submitted by the Petitioner. The comment reiterated the Petitioner’s position that the merchandise is classified in subheading 8412.90.90, HTSUS, as other parts of other engines and motors.
In HQ ruling letter H259349, dated October 5, 2016, CBP denied the domestic party petition and affirmed the classification determination set forth in the previously issued ruling letter (i.e., NY E83408). Consistent with the determination in NY E83408, CBP determined in H259349 that the articles at issue are parts of general use of heading 7307, HTSUS, as defined by Note 2 to Section XV. Accordingly, these parts are excluded from Section XVI of the HTSUS because, by operation of Note 1(g) to Section XVI, a good cannot be a part of general use of Section XV and also be prima facie classifiable as a part in Section XVI.
In HQ H259349, CBP also notified the Petitioner of its right to contest the decision by filing a notice with CBP indicating its desire to contest the decision, and that the notice must be filed not later than thirty days from the date of issuance of the ruling letter, pursuant to 19 U.S.C. 1516(c) and § 175.23, CBP Regulations (19 C.F.R. 175.23).
By letter dated November 2, 2016, the Petitioner filed a timely notice under 19 U.S.C. 1516(c) and 19 C.F.R. 175.23 of its desire to contest CBP’s decision in HQ H259349 regarding the classification of the steel tube fittings under consideration. The Petitioner has designated, under 19 U.S.C. 1516(c) and 19 C.F.R. 175.23, eight (8) ports of entry where Petitioner believes that merchandise of the kind covered by the petition is being imported into the United States, and at which the Petitioner desires to protest. The ports of entry are as follows: Seattle, WA, Tacoma, WA, Long Beach, CA, Los Angeles, CA, New York, NY, Savannah, GA, Houston, TX, Charleston, SC.
Upon application by the Petitioner to any of the Port Directors of the ports listed, the Port Director(s) shall make available to the Petitioner information on merchandise of the kind covered by the petition (as described in NY E83408) entered after the date of publication of this notice in order that the petitioner may determine whether the entry presented raises the issue involved in the petition. See 19 U.S.C. 1516(c); 19 CFR 175.25. By this notice, Port Directors at these ports are directed to notify the Petitioner by mail when the first of such entries is liquidated. See 19 U.S.C. 1516(c) and 19 CFR 175.25(b).
