CLA-2-83:OT:RR:NC:N1:121
Mr. R. Kevin Williams
Clark Hill PLC
150 North Michigan Ave., Suite 2700
Chicago, Illinois 60601
RE: The tariff classification of a hanger unit from China
Dear Mr. Williams:
In your letter dated August 30, 2013, you requested a tariff classification ruling. The submitted samples will be returned per your request.
The merchandise under consideration is several models of Hanger Units (also known as “center drive shaft supports” and “center support bearings”). Samples of model numbers 210084-2X, 210661-1X, 210875-1X, 2100088-1X and 210121-1X were submitted for review. You indicate that these models vary only in size.
The hanger unit functions to support the weight of a vehicle’s drive shaft while minimizing vibration as the drive shaft rotates. It generally supports the driveshaft at the midpoint of the driveshaft’s length, between the transmission and the differential. Its use is necessitated when the distance between a vehicle’s transmission and the rear axle is too great to be bridged by a single drive shaft of reasonable diameter. In such cases, shorter drive shaft segments are used and supported by hanger units.
Each hanger unit consists of a steel bracket containing a bearing, retainer caps, a rubber cushion or insulator, and “flingers” (also known as “slingers” or “dust shields”). The retainer caps house the bearing and allow for water repellant grease fill. The flingers are small round metal circles welded or press fit on the unit to deflect road debris.
The top portion of the bracket mounts to the frame of the vehicle. The vehicle’s drive shaft passes through the inner race of the bearing. The bearing minimizes friction between the hanger unit and the drive shaft and facilitates the smooth transfer of torque. The rubber cushion dampens vibrations and allows modest movement of the mating driveshaft components of the driveline.
You propose classification of the hanger unit in subheading 8708.99.68, HTSUS, which provides for parts and accessories of the motor vehicles of headings 8701 to 8705. However, the exclusionary note in Note 2(b), Section XVII, which includes Chapter 87, provides that if the article is classifiable as a “part of general use” of base metal, classification as a part or accessory in heading 8708 is precluded. "Parts of general use" are defined in Note 2, Section XV, HTSUS, as including, among other things, base metal articles of heading 8302, HTSUS. Heading 8302 includes, in pertinent part, base metal mountings, fittings and similar articles suitable for coachwork. In addition, the general Explanatory Notes (EN) to Section XV provide that in general, identifiable parts of articles are classified as such parts in their appropriate headings in the Nomenclature, however, “parts of general use” presented separately are not considered as parts of articles, but are classified in the headings of this Section appropriate to them. We find that the hanger unit is classified in heading 8302, HTSUS. As such, it is a “part of general use” per Note 2(c) to Section XV and is precluded from classification in heading 8708, HTSUS.
The applicable subheading for the hanger units will be 8302.30.3060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork…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,
Myles B. Harmon
Acting Director
National Commodity Specialist Division