CLA-2-84:OT:RR:NC:1:102
Mr. Sebastian Eich
Aventis Atlantic Partners LLC
245 N. Highland Ave. NE, Suite 230-102
Atlanta, GA 30307
RE: The tariff classification of a bracket from Germany
Dear Mr. Eich:
In your letter dated April 3, 2014 on behalf of Rausch & Pausch LP you requested a tariff classification ruling.
The two articles under consideration are a bracket, item 1.03, part number 15728051, and a check valve choke, item 2.05, part number 15645051. The bracket is said to be used exclusively for motor vehicles. It connects the piston accumulator to the automobile’s gearbox. The check valve choke is used in the piston accumulator.
You suggested classifying part number 15728051 within subheading 7318.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: non-threaded articles: other. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs) taken in order. GRI 1 provides that classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. Part number 15728051, described as a bracket, does not fit the exemplars of heading 7318. Therefore, your suggested classification would not be appropriate.
Consideration was given to your suggested classification of 7320.5060, HTSUS, for part number 15645051. Heading 7320, HTSUS, provides for springs and leaves for springs, of iron or steel. Explanatory Note 73.20 states, in part, that the heading excludes springs assembled with other articles to form identifiable parts of machinery. Inasmuch as part number 15645051 is assembled with another article and is stated to be a flow restrictor, classification within heading 7320 would not be appropriate.
The applicable subheading for the bracket, item 1.03, part number 15728051,will be 8302.30.3060, 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/.
Your inquiry does not provide enough information for us to give a classification ruling on the check valve choke, item 2.05, part number 15645051. The following information is needed:
You state that there “is no valve in the system”. However, submitted illustration shows a steel spring check valve located next to the choke. In one of your responses, you state that “… it is a choke valve”. Please explain.
Item 2.05 is said to allow “omni-directional flow of oil, but restricts the oil’s flow in one of the two directions”. Please explain how this operation differs from that performed by a generic valve.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Sandra Martinez at sandra [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division