CLA-2-87:RR:NC:MM:101 I88482

Mr. Thomas Schillinger – Materials Manager
Horton, Inc.
10840 423rd Avenue
Britton, South Dakota 57430

RE: The tariff classification of a truck PTO Fan Clutch from Germany

Dear Mr. Schillinger:

In your letter dated November 8, 2002 you requested a tariff classification ruling.

You submitted a sample, printed material and a technical drawing of a PTO Fan Clutch. This item is mounted on the engine and is belt driven. This fan has a friction interface and is spring engaged and pneumatic disengaged. The PTO Fan Clutch is mounted directly to the engine crankshaft and has a friction interface with a pneumatic engagement and spring disengagement. It is activated via temperature sensors in the engine cooling system. The PTO Fan Clutch is used to assist in the cooling of the internal combustion engine that are installed in medium and heavy-duty trucks and buses. They utilize the rotational energy of the engine either directly or via a drive belt to rotate a cooling fan or a cooling fan and fan clutch that draws air through the engine-cooling package. They are capable of engaging and disengaging the fan from the rotational motion of the engine and are controlled by sensors that signal the need for cooling.

The applicable subheading for the PTO Fan Clutch will be 8708.99.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Other…Other. The rate of duty will be 2.5% ad valorem.

This duty rate will remain unchanged in the year 2003.

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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division