Mr. John A. Slagle
Wolf D. Barth Co. Inc.
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of a headlamp adjusting screw imported from Malaysia

Dear Mr. Slagle:

In your letter dated September 26, 1990, on behalf of R & B Inc., Colmar, PA, you requested a tariff classification ruling of an adjusting screw. You also inquired about GSP status and marking. You have submitted a sample of the imported product.

Part 42119 is a headlamp adjusting screw that is composed of a steel screw and a nylon housing. The screw measures approximately 2 9/16 inches long and it has a head socket designed in the fashion as a Phillips screw- driver head. The nylon housing is designed with an intake hole for the screw. The screw and housing are fitted together permanently as one unit and are imported and sold as such. The unit is used to adjust the headlamp beam of a passenger vehicle. It is designed to be used on certain General Motors automobiles (model years 1975 through 1987). The steel screw is manufactured in Taiwan and the nylon housing is manufactured in Malaysia.

The applicable subheading for the headlamp adjusting screw will be 8708.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of motor vehicles. The rate of duty will be 3.1 percent ad valorem.

The Generalized System of Preferences (GSP) allows preferential duty treatment for eligible beneficiary developing countries (BDC). General Note 3(c)(ii) states, "whenever an eligible article is imported into the customs territory of the United States directly from a country or territory listed in subdivision (c)ii)(A) of this note, it shall be eligible for duty free treatment as set forth in the `Special' subcolumn, unless excluded from such treatment by subdivision (c)(ii)(D) of this note; provided that, in accordance with regulations promulgated by the Secretary of the Treasury the sum of (1) the cost or value of the materials produced in the beneficiary developing country or any 2 or more countries which are members of the same association of countries which is treated as one country under section 502(a)(3) of the Trade Act of 1974, plus (2) the direct costs of processing operations performed in such beneficiary developing country or such member countries is not less than 35 percent of the appraised value of such article at the time of its entry into the customs territory of the United States." To qualify for GSP an article shipped to a beneficiary developing country from a noneligible country must be substantially transformed in the BCD into a new and different article of commerce.

If you wish to receive a ruling on GSP and/or marking, please forward a separate inquiry to:

United States Customs Service Office of Regulations and Rulings 1301 Constitution Avenue, N.W. Washington, D.C. 20229-0001

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport