CLA-2-83:OT:RR:NC:N1:121
Ji Eun Lee
S.A.M.C Customs Co., Ltd.
11, Chungjang-Daero, Jung-Gu, Busan, Republic of Korea KITA Bldg 5F
Busan N/A KS012/48939
Korea, South
RE: The tariff classification of an automotive hood-lifting device and a safety catch from South Korea
Dear Ji Eun Lee:
In your letter dated March 2, 2018 you requested a tariff classification ruling on behalf of Pyeong Hwa Automotive Co., Ltd. The sample you submitted was examined and will be returned as requested.
The first product under consideration is P UM ACTUATOR-AHLS LH (Automotive Hood Lifting Device), model name 2590805(79150-C5000). The actuator consists of a steel piston housed inside a steel tube and is located inside the engine compartment mounted to the vehicle’s hood hinge. It is linked to a vehicle’s sensors and an electronic control unit, as described in your ruling request. The function of the Automotive Hood Lifting Device is to lift the hood in the event of a pedestrian collision, thereby absorbing the energy of the impact and lessening the severity of an injury. When a vehicle’s sensors detect an impact, a micro gas generator (MGG) provides pneumatic pressure that activates the pistons and raises the rear portion of the hood.
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 the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. You suggested that the automobile hood actuator be classified in heading 8412, HTSUS, which provides for pneumatic engines and motors.
However, the actuator under consideration is not an engine or a motor. Pneumatic motors generally convert compressed air energy to mechanical work through either linear or rotary motion. Based on the description you provided with your request, the pneumatic actuator serves as a pneumatic cylinder for lifting on vehicles, and as such classification of it in heading 8412 is precluded.
The applicable subheading for the P UM ACTUATOR-AHLS LH will be 8302.30.3010, 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; Pneumatic cylinders for lifting, lowering, dampening or counter-balancing. The rate of duty will be 2 percent ad valorem.
The second product under consideration is described as JK H/CATCH SAFETY CATCH, part number 2590898B. It is a steel safety latch that secures the hood of a vehicle in place when in operation. The hood is opened directly by the user in front of the hood.
The applicable subheading for the JK H/CATCH SAFETY CATCH 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 https://hts.usitc.gov/current.
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 Jennifer Jameson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division