CLA-2-83:OT:RR:NC:N1:121
Mr. Brian Topple
Flex-N-Gate Seeburn
530 Park Street
Beaverton, Ontario L0K 1A0
Canada
RE: The tariff classification of vehicle door checks from Canada
Dear Mr. Topple:
In your letter dated August 30, 2010, you requested a tariff classification ruling. The samples you submitted will be retained by this office.
The merchandise under consideration is two door checks, which function to prevent a vehicle door from opening too far and to hold the door open when desired.
The first door check has an arm made of plastic covered steel. A steel swivel bracket is attached to one end of the arm; this will be mounted to the vehicle body. A plastic housing assembly with two protruding steel studs is attached to the other end of the arm; this will be mounted to the vehicle inner door. The second door check is similar in structure, except that it is larger in size and made entirely of steel.
You propose that the instant door checks are classified as base metal hinges designed for motor vehicles in subheading 8302.10.3000, Harmonized Tariff Schedule of the United States (HTSUS). This office disagrees, however, because a door check is distinguishable from a hinge. A hinge functions to allow a door to swing open or shut; a door check functions to prevent a door from swinging too wide and allows it to remain partially or fully open. This office finds that the instant door checks are suitably described as mountings/fittings for motor vehicles in subheading 8302.30, HTSUS.
The applicable subheading for the door checks will be 8302.30.3060, HTSUS, which provides for base metal mountings, fittings and similar articles, 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 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 Barbara Kaiser at (646) 733-3024.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division