The tariff classification of a mobile watering system from Denmark

N248584 January 6, 2014 CLA-2-87:OT:RR:NC:N1:101 CATEGORY: Classification TARIFF NO.: 8705.90.0000 Martin Ripp-Jorgensen, Sales Manager-Vacuum Loaders J. Hvidtved Larsen A/S Lillehojvej 15 Silkeborg, 8600, Denmark RE: The tariff classification of a mobile watering system from Denmark Dear Mr. Ripp-Jorgensen, In your letter dated December 10, 2013, you requested a tariff classification ruling. The item under consideration has been identified as the JHL RECycler 315. You state that the Kenworth chassis of this vehicle is made in the United States and the balance is made in Denmark. The JHL RECycler 315 is a mobile water recycling system, which also functions as a combined high pressure jetting and suction unit. The system will be used to clean pipes and sewers by reusing the jetting water, which is cleaned via a fully automated five (5) step cleaning process. This process allows the truck to be much more efficient, as it renders the need to collect more drinking water superfluous, as it simply reuses the same water over and over again. The volume capacity of the tank for the JHL RECycler 315 is 15.7 yards3/12 meters3 and is equipped with a movable partition, which can be locked in three (3) pre-set positions. The partition divides the tank into two (2) compartments of flexible size. The Kenworth chassis is bought and exported to Denmark, where it is made into a sewer cleaning and recycling truck. The completed unit is then shipped back into the United States. In your submission of Ruling Request N248005, this office asked for additional information in order to clarify the difference between a sewer cleaning unit and a vacuum excavator and you stated that “A sewer cleaning unit typically uses a smaller pump 360 – 3100 m3 to create a vacuum in the tank (RECycler uses 3100 m3 (1825 CFM) and CityFlex uses 611 m3 (360 3 CFM), depending on the size of the tank. The vacuum is then used to suck up liquids. As an analogy you can take a straw and use your lungs/mouth to create a vacuum thereby sucking up the beverage you are drinking. A vacuum excavator, on the other hand uses airflow instead of vacuum. If you put your hands out of the window while driving a car you can feel the force that wind can have. A vacuum excavator used the air density to push materials through the hose into the tank. In order to move dry particles you typically need an air speed of around 150 km/hour (approx. 93 miles/hour). In order to achieve this air speed you will need a different pump with at least 6000 m3 for a 6" hose or 8000 m3 for 8". In most cases, a vacuum excavator operates with a 10" suction hose and uses pumps ranging from 20,000 – 35,000 m3 to be able to move soil and earth. The type of pump used for vacuum excavators furthermore requires a large filter unit to be mounted to protect the pump, while the type of pump used on a sewer cleaning unit does not require a large filter, as it works with liquids and dusty particles thus do not enter the pump…” The applicable classification subheading for the JHL RECycler 315 will be 8705.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Special purpose motor vehicles, other than those principally designed for the transport of persons or goods … : Other.” The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/. You also inquired about obtaining a ruling on the complete product line of the JHL RECycler Sewer Cleaning Trucks, since they all work on the same general principal. Requests should contain a maximum of 5 items in order to be accepted. The items in a single request must be of the same class or kind. For example, a request concerning textile articles may not include items such as footwear. For future reference, please include the particular make and model numbers, and all of the pertinent information and facts on your ruling requests for each item. 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 Matthew Sullivan at 646-733-3013. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division