CLA-2-87:OT:RR:NC:N1:101
Samar Issa Jallo, Assistant Manager-CBO
Nippon Express USA, Inc.
Chicago Air Cargo Branch
401 East Touhy Ave.
Des Plaines, IL 60018-2607
RE: The tariff classification of automotive parts from Japan
Dear Mr. Jallo,
In your letter dated April 10, 2009, you requested a tariff classification ruling on behalf of your client, Tennessee Fastening Technology Corp. of Smyrna, Tennessee.
The items under consideration have been identified as Pin Assembly (Part # 54580 7S000), Pin Assembly (Part # 54580 7S005), Pin Assembly (Part # 55226 7S001), Pin-RR Shock MTG (Part # QW29848 001R2), Pin Control Arm (Part # 21990004301), Pin-Radius (Part # 55192 CK000F) and Pin-Radius (Part # 55192 JA00A).
The first part, Pin Assembly (Part # 54580 7S000), is a bolt-shaped piece of zinc and chromate film-plated steel measuring approximately 5 inches in length by ½-inch in diameter. The piece is threaded for 2½ inches and has a ¾-inch bolt head. There is a 1½-inch circular plate welded off-center to the top closest to the bolt head. The plate is divided in half with the upper half having graduated marking cut into the metal. This pin is designed to adjust the vehicle alignment allowing the vehicle to corner and brake more effectively.
The second part, Pin Assembly (Part # 54580 7S005), is a bolt-shaped piece of zinc and chromate film-plated steel measuring approximately 5 inches in length by ½-inch in diameter. The piece is threaded for 2½ inches and has a ¾-inch bolt head. There is a 1½-inch circular plate welded off-center to the top closest to the bolt head. The plate is divided in half with the upper half having graduated marking cut into the metal. This pin is designed to adjust the vehicle alignment allowing the vehicle to corner and brake more effectively.
The third part, Pin Assembly (Part # 55226 7S001), is a bolt-shaped piece of zinc and chromate film-plated steel measuring approximately 4 inches in length by ½-inch in diameter. The piece is threaded for 2¼ inches and has a ¾-inch bolt head. There is a 1½-inch circular plate welded off-center to the top closest to the bolt head. The plate is divided in half with the upper half having graduated marking cut into the metal. This pin is designed to adjust the vehicle alignment allowing the vehicle to corner and brake more effectively.
The fourth part, Pin-RR Shock MTG (Part # QW29848 001R2), is a rounded piece of gray-black steel, angled in the middle, measuring approximately 6½ inches in length by ¾-inch in diameter. Approximately 3 inches are threaded on one end. You state in your ruling request that this Pin is welded onto the frame of the motor vehicle and serves to hold the shock absorber unit.
The fifth part, Pin Control Arm (Part # 21990004301), is a putty knife-shaped piece of gray-black steel measuring approximately 6 inches in length and ½-inch in diameter. The part is threaded for
1-inch on one end and semi-flattened on the other with a washer-shaped divider separating the ends. You state that the flat end of the Arm is to be welded onto the control arm assembly before the assembly is combined with other suspension components.
The sixth part, Pin-Radius (Part # 55192 CK000F), is a rounded piece of gray-black steel measuring approximately 5 inches in length by ¾-inch in diameter that has an internal thread of approximately 1 ½-inch. The Pin is divided about 3½ inches into its length by a washer-shaped divider which is approximately 1½ inches in diameter. You state that the Pin is to be welded onto the sub-frame body bracket that goes under a vehicle before the bracket is assembled with other suspension components.
The final part, Pin-Radius (Part # 55192 JA00A), is a rounded piece of gray-black steel measuring approximately 4 inches in length by ¾-inch in diameter that has an internal thread of approximately 1½-inch. The ends of the Pin are separated, about 2½ inches into its length, by a washer-shaped divider approximately 1½ inches in diameter. You state that the Pin is to be welded onto the sub- frame body bracket that goes under a vehicle before the bracket is assembled with other suspension components.
You propose in your request that Pin Assembly (Part # 54580 7S000), Pin Assembly (Part # 54580 7S005) and Pin Assembly (Part # 55226 7S001) are classifiable in subheading 7318.15.2095 of the Harmonized Tariff Schedule of the United States (HTSUS) which provides for “ … bolts … : Other … bolts, whether or not with their nuts or washers: Bolts … : Having shanks or threads with a diameter of 6 mm or more: Other: Other: Other.” However, items that transmit motion in the sense that they perform adjustments are excluded from classification in HTSUS heading 7318.
Classification of goods in the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states “ ... classification shall be determined according to the terms of the headings ... .” Heading 8708 provides for “Parts … of … motor vehicles … .” Per your request, Pin Assembly (Part # 54580 7S000), Pin Assembly (Part # 54580 7S005) and Pin Assembly (Part # 55226 7S001) are “designed and utilized for only specific vehicles.”
General Note 3. (h) (vi) to the HTSUS states “ ... a reference to ‘headings’ encompasses subheadings indented thereunder.” Subheading 8708.80 provides for “Suspension systems and parts thereof … .”Per your request, Pin Assembly (Part # 54580 7S000), Pin Assembly (Part # 54580 7S005) and Pin Assembly (Part # 55226 7S001) are “In use for the area where toe needs to be balanced.” The Road & Track Illustrated Automotive Dictionary defines “toe control” as “ … suspension geometry that actively influences the amount of toe change at a wheel to enhance cornering or braking ability.”
The applicable classification subheading for the Pin Assembly (Part # 54580 7S000), Pin Assembly (Part # 54580 7S005), Pin Assembly (Part # 55226 7S001), Pin-RR Shock MTG (Part # QW29848 001R2), Pin Control Arm (Part # 21990004301), Pin-Radius (Part # 55192 CK000F) and Pin-Radius (Part # 55192 JA00A) will be 8708.80.6590, HTSUS, which provides for “Parts … of … motor vehicles … : Suspension systems and parts thereof: Parts: Other: Other: Other.” The rate of duty will be 2.5%.
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://ww.usitc.gov /tata/hts/.
In future, please abide by the regulations for ruling requests per Title 19 of the Code of Federal Regulations [Customs Duties], Part 177 [ADMINISTRATIVE RULINGS], Subpart A [General Ruling Procedure], 177.2(b)(2)(ii)(A) [Submission of ruling requests, Content, Description of transaction, Tariff classification rulings]: “ … Individual requests for rulings … will be limited to five (5) merchandise items [emphasis added], all of which must be of the same class or kind.”
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 heading 8708, contact National Import Specialist Richard Laman at 646-733-3017 and if you have any questions regarding heading 7318, contact National Import Specialist Kathy Campanelli at 646-733-3021.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division