CLA-2-83:OT:RR:NC:N1:121
Mr. Daniel Cannistra
Crowell & Moring LLP
1001 Pennsylvania Ave. NW
Washington, DC 20004
RE: The tariff classification of automobile door check assembly components from Japan
Dear Mr. Cannistra:
In your letter dated April 6, 2012, you requested a tariff classification ruling on behalf of Aisin Mexicana, S.A. de C.V.
The merchandise under consideration is five Door Check Assembly Components: a lever (AMX part number 425121), a bracket (AMX part number 425132), a base (AMX part number 425142), a case (AMX part number 425141) and a plate (AMX part number 425162). All components are made of stamped, flat-rolled steel sheets that have been shaped, cut, perforated and made ready for incorporation into the door check assembly. A door check functions to prevent a car door from swinging too wide and allows it to remain partially or fully open. You explain in your letter that the bracket serves to support the lever, which facilitates the angle movement of the door. The base is welded to the case, creating the case subassembly, upon which the plate and lever are assembled.
You propose that the instant door check assembly components are classified in subheading 8708.29.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of the motor vehicles of headings 8701 to 8705, other, door assemblies. However, the exclusionary note in Note 2(b), Section XVII, which includes Chapter 87, provides that if the articles are classifiable as “parts of general use” of base metal, classification as a part or accessory in heading 8708 is precluded. "Parts of general use" are defined in Note 2, Section XV, HTSUS, as including, among other things, base metal articles of heading 8302, HTSUS. Heading 8302 includes, in pertinent part, base metal mountings, fittings and similar articles suitable for coachwork, and base metal parts thereof. In addition, the general Explanatory Notes (EN) to Section XV provide that in general, identifiable parts of articles are classified as such parts in their appropriate headings in the Nomenclature, however, “parts of general use” presented separately are not considered as parts of articles, but are classified in the headings of this Section appropriate to them. We find that the instant base metal door check assembly components are classified in heading 8302, HTSUS. As such, they are “parts of general use” per Note 2(c) to Section XV and are precluded from classification in heading 8708, HTSUS.
The applicable subheading for the steel door check assembly components will be 8302.30.3060, HTSUS, which provides for base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork…other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof, of iron or steel, of aluminum or of zinc, other. The rate of duty will be 2 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 http://www.usitc.gov/tata/hts/.
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 Barbara Kaiser at (646) 733-3024.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division