Valve Components Should Have Had Section 301 Exclusions, Manufacturer Says

Valve pressure relief components should have been granted Section 301 exclusions, importer Bray International and three of its affiliates said in a July 31 complaint at the Court of International Trade (Bray International v. U.S., CIT # 21-00332).

Bray is looking to overturn 18 protest denials by CBP. The company imported its valve components between 2018 and 2020 under the duty-free Harmonized Tariff Schedule subheading 8481.90.90 as “Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof: Parts: Other: Other." The subheading included an additional 25% tariff on Chinese goods.

The importer argued that valve components were eligible for an exclusion under the secondary classification code 9903.88.14, which excluded "valve pressure relief components, including body covers, and diaphragms" from Section 301 duties and specifically excluded items under statistical reporting number 8481.90.9085. Bray asked the court to reliquidate the entries and to award it a refund of excess duties paid with interest.