CLA-2-83:RR:NC:MM:113 B84958

Mr. Dale Latshaw
Dorma Door Controls, Inc.
Dorma Drive
Reamstown, PA 17567

RE: The tariff classification of parts of automatic door closers from Germany

Dear Mr. Latshaw:

In your letter dated April 18, 1997, received in this office on May 19, 1997, you requested a tariff classification ruling.

The merchandise is base metal parts of automatic door closers. The parts are used on the 7600 Series and the RTS 88 Series.

The 7600 series closers are hydraulic, surface-applied door closers with backcheck and full range adjustable spring force for interior or exterior doors. The two white arrows in the picture of the 7600 model illustrate the two parts imported for that closer.

The RTS series closers are overhead, concealed closers. They consist of a steel cam, rollers and springs housed in a compact cast iron body. The imported components of the RTS 88 door closer are not as evident in its picture, but comprise the body of the closer, the round fitting shown at the left end, and five other internal parts and fittings. This closer also works by hydraulics. In your letter, you mention that there are two possible applicable headings for these items, subheading 8302.41.3000, which provides for other mountings, fittings and similar articles, and parts thereof, suitable for buildings, door closers, except automatic door closers, and subheading 8302.60, which provides for automatic door closers and parts thereof. Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI (1) provides that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. With regard to the parts of automatic door closers, heading 8302.60.9000, HTS, provides for automatic door closers, and parts thereof, parts. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes to Section XV, 83.02(H) describes the articles of heading 8302.60, HTS, as "automatic door closers, spring or hydraulic types, for doors, gates, etc." Since the imported items are parts of automatic door closers, as defined by the terms of the heading, GRI 1 requires that they be classified in that heading.

The applicable subheading for the parts of automatic door closers will be 8302.60.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for base metal mountings, fittings and similar articles, suitable for furniture, doors . . . automatic door closers, and parts thereof, parts. The rate of duty will be 3.4 percent ad valorem.

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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch
National Commodity
Specialist Division