CLA-2-84:OT:RR:NC:N1:102
Ms. Nicole M. Jenkins
Crowell & Moring LLP
1001 Pennsylvania Ave. NW
Washington, DC 20004
RE: The tariff classification of clevises from Japan
Dear Ms. Jenkins:
In your letter dated August 12, 2010 you requested a tariff classification ruling on behalf of Aisin Holdings of America, Inc. Descriptive literature, schematic drawings and photographs were submitted.
The articles you plan to import are described as clevises, part numbers 47264 and 131311. You indicate that the clevises will be incorporated into an automobile’s brake booster. They are made of stainless steel, and their primary function is to connect the brake booster to the brake pedal.
Brake booster assemblies were previously ruled upon in New York Ruling N014493 as other reciprocating positive displacement pumps for hydraulic fluid in subheading 8413.50.0080, Harmonized Tariff Schedule of the United States (HTSUS).
The brake booster is comprised of several components, including a hydraulic booster, an accumulator and a master cylinder. When the brake pedal is depressed, an electric motor within the booster drives a piston pump to discharge hydraulic fluid into an accumulator. The increased hydraulic pressure within the accumulator is then used to drive the primary and secondary pistons with the master cylinder which forces hydraulic fluid into the brake lines to actuate the vehicle’s brakes. The clevises connect the master cylinder push-rod fork to the brake pedal and are secured by a clevis pin.
You suggest classification of the clevises under subheading 8413.91.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of hydraulic pumps. However, the subject clevises are used to connect the brake booster to the brake pedal and are not part of a hydraulic fluid power pump. Based on the information submitted, we find that the clevises are more specifically provided for as a part of a hydraulic system in heading 8412, HTSUS.
The applicable subheading for the clevises will be 8412.90.9015, HTSUS, States (HTSUS), which provides for other parts of hydraulic power engines and motors. The rate of duty is free.
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/.
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 Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division