NY 883907 - The tariff classification of a timing belt tensioner from Brazil and a tripod roller from France - United States International Trade Commision Rulings

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NY 883907

March 23, 1993

CLA-2-84:S:N:N1:101-883907

CATEGORY: CLASSIFICATION

TARIFF NO.: 8409.91.9190; 8708.99.5085

Mr. James J. Kelly
Wolf D. Barth Co. Inc
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a timing belt tensioner from Brazil and a tripod roller from France

Dear Mr. Kelly:

In your letter dated March 10, 1993, on behalf of INA Bearings Co., Inc., Fort Mill, SC, you requested a tariff classification ruling. You have submitted descriptive literature, copies of blueprints and samples of the products to be imported.

Item F 65215-100 is a timing belt tensioner that is used specifically as a component of an automotive engine. The device is used on automobile engines that require a tensioning device to prevent the timing belt from jumping a tooth, thereby altering the timing of the ignition. Your literature shows the belt tensioner to be a grooved wheel through which a shaft passes which rotates on bearings, and over which a continuous slotted band rotates. In setting the proper engine timing, the pulley wheel is fixed at the required distance from the crank shaft to enable the belt to remain taut while the wheel turns the belt and drives the crank shaft at the desired pace. The tensioner pulley is loosened by means of a lug wrench, the crankcase sprocket is turned to the proper timing notch, the band is held taut, and the tensioner pulley is again tightened to maintain this tautness. Item FC 66692 is a tripod roller that is used specifically as a component for an automobile front wheel drive unit. Constant velocity tripod joints are used to ensure a perfectly uniform power transmission to the drive wheels. Your literature shows the device is comprised of:
a central drive part or "tripod" with three radial trunions receiving spherical rollers on needles; this tripod is mounted onto the intermediate shaft by splines that will permit disassembling,
an outer tulip shaped part with a splined extension and a casing with slots forming tracks of circular cross section to receive the spherical rollers of the tripod and thus ensure transmission of torque, rotation with articulation angle, free plunging and radial guidance between the two shafts, and
an elastic boot protecting the mechanical parts and retaining the lubricant throughout the life of the joint.

The function of the three rollers within each tripod joint is to permit the transmission of an equal and constant force or torque (i.e., constant velocity) from the engine, through the drive shaft, to the wheels as a result of the isostatic interaction between tripod and tulip. Thus, the drive shaft and wheels are permitted to turn simultaneously without any lost motion.

The applicable subheading for the timing belt tensioner (item F 65215-100) will be 8409.91.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts suitable for use solely or principally with spark-ignition internal combustion piston engines: for vehicles of subheading 8701, or heading 8702, 8703 or 8704, other. The rate of duty will be 3.1 percent ad valorem. Engine parts classified in subheading 8409.91.9190, which are products of Brazil, are not eligible for duty free status under the Generalized System of Preferences (GSP) in accordance with General Note 3(c)(ii)(D), HTS.

The applicable subheading for the tripod roller (item FC 66692) will be 8708.99.5085, HTS, which provides for other parts and accessories of the motor vehicles of headings 8701 to 8705. The rate of duty will be 3.1 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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