CLA-2-87:OT:RR:NC:N1:101

Alyce M. Thompson, Import Specialist
Benteler Automotive
1780 Pond Run
Auburn Hills, MI 48326-2752

RE: The tariff classification of an automotive part from Germany

Dear Ms. Thompson,

In your letter dated June 15th, 2009, you requested a tariff classification ruling.

The item under consideration has been identified as the Vent Neck with Harness (Part #7578316), aka Breather Tube.

The Vent Neck is tubular in shape and measures approximately 3 inches in length with an approximate 45° bend halfway down the length. It is composed of 86% PA-66/DuPont Polymer Thermoplastic, 13% 701-80-W80W-18/Geolast Thermoplastic Elastomer and 1% ACM/O-Ring/ Plastic Elastomer Compound.

The Vent Neck is used to prevent pressure from building up inside of the rear differential case. You state in your ruling request that the Vent Neck does not incorporate a valve and that it is only used on the differential of a motor vehicle.

The applicable classification subheading for the Vent Neck with Harness (Part #7578316), aka Breather Tube will be 8708.99.8180, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts … of … motor vehicles … : Other parts … : Other: Other: Other: Other: Other: Other.” The rate of duty will be 2.5%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.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 Richard Laman at 646-733-3017.


Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division