CLA-2-87:RR:NC:N1:101 R04029

Mr. Dennis Forhart
PricewaterhouseCoopers
1420 5th Ave.
Suite 1900
Seattle, WA 98101

RE: The tariff classification of a combination Charge Air Cooler and Radiator Assembly.

Dear Mr. Forhart:

In your letter dated May 25, 2006, on behalf of Freightliner LLC, you requested a tariff classification ruling. You submitted a schematic with your request.

The article in question is a combination charge air cooler and radiator assembly, designated part number A05-19502-009. The unit is designed for turbo-charged diesel applications. The charge air cooler component uses air to cool the charge out of a turbo, and it mounts onto the radiator core assembly. A plastic surge tank is also included in the assembly. The radiator shell is constructed of aluminum.

The applicable subheading for the combination Charge Air Cooler and Radiator Assembly will be 8708.99.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts and accessories of the motor vehicles of headings 8701 to 8705: other: other: other…other. The general rate of duty will be 2.5 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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division