The tariff classification of fuel rail tubes from Germany

N300409 October 3, 2018 CLA-2-87:OT:RR:NC:N2:206 CATEGORY: Classification TARIFF NO.: 8708.99.8180 Todd M. Kay TPS North America LLC 700 East Big Beaver Road Suite F Troy, MI 48083 RE: The tariff classification of fuel rail tubes from Germany Dear Mr. Kay: In your letter dated September 4, 2018, you requested a tariff classification ruling. The merchandise you are planning to import is a Fuel Rail Tube (Part Number 25-0069), used with automotive engines. You state in your letter that the fuel rail has an outside diameter of 21.3 millimeters (mm), a wall thickness of 2.65 mm and a length of 438 mm. The item is made from ASTM A269 TP 304L precision stainless steel tube which has been cold finished and annealed. The tube is cut to a specific length for a particular engine envelope, the ends are machined and counter-bored to receive a machined mating fitting, and there are holes that are drilled along the tube as ports to convey fuel to and from the rail through other mating components, such as injectors’ cups, inlet fittings, or pressure sensors. You also inquired if fuel rail tubes of the same configuration, but different measurements, such as in a range of an outside diameter of 15.875 mm up to 25.4 mm, wall thicknesses from 1.5 mm up to 6.35 mm, with lengths from 125 mm to 600 mm, can be classified in the same Harmonized Tariff Schedule of the United States (HTSUS) subheading as the tube described above. In our further communication, you confirmed that these subsequent fuel rail tubes will have the same chemical composition as the fuel rail tube (Part Number 25-0069), be used with automotive engines, and have machined ends and holes to convey fuel. Consideration was given to classifying the fuel rail tubes in heading 8409, HTSUS, as parts of automotive engines, as you suggested. However, fuel rails are external components of the engine. Although they are connected to it, the engine is complete without the fuel rails and is not normally sold with the fuel rails attached to it. In HQ H259645, it states that, “The purpose of the fuel rails and fuel rails with integrated fuel injectors is to deliver gasoline from the fuel tank to the combustion chamber in a motor vehicle engine.” As a result, the fuel rail tubes are not parts of engines, and classification of the tubes in heading 8409, HTSUS, is precluded. The applicable classification subheading for the Fuel Rail Tube (Part Number 25-0069), and subsequent fuel rail tubes of different measurements, but of the same configuration, will be 8708.99.8180, HTSUS, which provides for “Parts and accessories of the motor vehicles of heading 8701 to 8705: Other parts and accessories: Other: Other: Other: Other: Other.” The general rate of duty will be 2.5 percent ad valorem. 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 https://hts.usitc.gov/current. 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, please contact National Import Specialist Liana Alvarez at liana.alvarez@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division