CLA-2-85:OT:RR:NC:N2:201
Daniel Cannistra
Crowell & Moring LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004
RE: The tariff classification of headlamps from Mexico, Belgium, China, and Spain
Dear Cannistra:
In your letter dated May 8, 2020, you requested a tariff classification ruling on behalf of your client, Valeo North America Inc. (“Valeo”).
The items under consideration have been identified as five (5) styles of automotive headlamps.
In your email, dated May 11, 2020, you stated that Valeo intends to import,
Xenon high-low beams:
61A-3002-1180 (Mexico)
61A-3002-1069 (Belgium)
61A-3002-0875 (Belgium)
Halogen low beam headlight:
61A-3002-0930 (China)
And LED high-low headlight:
61A-3002-1466 (Spain)
You state that all headlamps are used in automotive vehicles.
Both the high-low beam and low beam headlights are designed to provide light when the driver cannot clearly see the path in front them due to a dim or dark setting. You state that the high-low beam headlamps consist of:
Lens
Reflector
Thermal shield
LHD mechanism Xenon
RHD mechanism Xenon
US mechanism Xenon
Bulb holder
Lamp
The low beam headlamp consist of:
Lens
Lens holder
Lens ring retainer
Light shield
Metalized reflector AM11 10 O’clock
Bulb holder
H11 Bulb Philips
H11 Bulb Osram
The high low beam headlamp projects light in an upward, lateral and/or downward fashion; while the low beam headlamp projects light in a lateral and/or downward fashion.
The applicable subheading for headlamps models 61A-3002-1180, 61A-3002-1069, 61A-3002-0930, 61A-3002-1466 and 61A-3002-0875, will be 8512.20.2040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: Other lighting or visual signaling equipment: For the vehicles of subheading 8701.20 or heading 8702, 8703, 8704, 8705 or 8711”. The duty rate will be Free.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS.
Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974).
Products of China that are provided for in subheading 9903.88.03…and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 8512.20.2040, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.
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 the 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 Matthew Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division