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January 22, 1999

CLA-2-87:RR:NC:MM:101 D86123

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.99.8080

Mr. Robert J. Resetar
Porsche Cars North America, Inc.
980 Hammond Drive
Suite 1000
Atlanta, Georgia 30328

RE: The tariff classification of Belt Tensioner Element from Germany

Dear Mr. Resetar:

In your letter dated December 17, 1998 you requested a tariff classification ruling.

You submitted a sample of the Belt Tensioner Element plus a diagram of the part from your parts microfiche system.

The Belt Tensioner Element is a metal unit containing an internal spring mechanism and vibration dampener. It is mounted on the Hydraulic Pump/Belt Tensioner Bracket. The Bracket mounts to the upper front section of the engine block.

The Belt Tensioner Element applies a specific amount of force from the loaded spring mechanism to the Tension Roller via the Tensioner Lever. The Tension Roller pushes against the Drive Belt to prevent slippage, premature belt wear and ensure proper contact with all accessories driven by the belt.

The applicable subheading for the Belt Tensioner Element will be 8708.99.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Other...Other. The rate of duty will be 2.5% ad valorem.

The Belt Tensioner Element is not specifically classifiable in Chapter 84, therefore, it would be classified in Chapter 87 as a vehicle part. 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 212-466-5667.

After January 28, 1999 the telephone number will be changed to 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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