CLA-2-85:OT:RR:NC:N1:109

Ms. Teri Lynn Berlant
Global Focus, Incorporated
1939 Lakeview Drive
Eugene, OR 97408

RE: The tariff classification of a solenoid from Korea

Dear Ms. Berlant:

In your letter dated September 24, 2012, you requested a tariff classification ruling on behalf of your client, GKN Torque Technology Group.

The merchandise in question is a solenoid or differential coil assembly. This device, a locking differential solenoid, is an electromechanical device used to engage or disengage by a shifting dog clutch mate when power is applied. The difference between this locking differential solenoid and a rotary solenoid is that the locking differential solenoid generates sliding force of a switching device (a dog clutch mate) regardless of rotational action. A rotary solenoid relies on rotational action for switching. This locking differential solenoid consists of a winding coil, a housing for the winding coil, and a plunger, which closes the magnetic flux loop and generates sliding force for the switching device (a dog clutch mate), differential gears, and a housing for the differential gears. The main component within this device is the winding coil, which is needed to create a magnetic field when electricity is applied. The plunger can be a part of the locking differential solenoid assembly or can be a separate component from the locking differential solenoid. The locking differential is to be located in the front and/or rear axles between left and right wheels.

This device uses electricity to create a magnetic field. When a ferrous component is in the center, it produces linear motion over short distances. Applying electrical power to the subject solenoid operates an electromagnet that drives a shaft into place. The shaft stays in place as long as the electromagnet has power. This differential device has differential gears consisting of a bevel gear set, a differential locking mechanism to switch on or off (activate or deactivate) the differential function of the differential gears, and a housing containing the differential gears.

The applicable subheading for the locking differential solenoid will be 8505.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electromagnets;…; parts thereof: Other, including parts: Other." The rate of duty will be 1.3 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 Linda Hackett at (646) 733-3015.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division