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July 20, 1999

CLA-2-73:RR:NC:1:118 E84253

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8585

Ms. Amy Register
Toyota Motor Manufacturing
North America, Inc.
25 Atlantic Avenue
Erlanger, Kentucky 41018

RE: The tariff classification of items you describe as weld bolts and a clip from Japan.

Dear Ms. Register:

In your letter dated June 29, 1999, you requested a tariff classification ruling.

You stated that the subject items are weld bolts and a clip. Samples were provided. They are further described as follows:

1) Part Number 90115-05095-00 “Bolt, Weld” - comprised of carbon steel with a shank diameter of 4.9 mm. 2) Part Number 90115-05056-00 “Bolt, Weld” - comprised of carbon steel which appears to be copper coated or plated and has a shank diameter of 5 mm. 3) Part Number 90115-06306-00 “Bolt, Weld” - comprised of carbon steel, less than 2% carbon composition and has a shank diameter of 6 mm. 4) Part Number 90115-06159-00 “Bolt, Weld” - comprised of carbon steel and has a shank diameter of 6 mm.

These four weld bolts are standard parts for the manufacturer Toyota Motor Manufacturing Kentucky.

5) Part Number 90467-28008-00 “Clip” - comprised of alloy steel. It is a clip used on the water bypass hose on the radiator. It will be used on the 2000 Sienna Minivan as well as the Camry and Avalon sedans.

The applicable subheading for the clip will be 7326.90.8585, HTS, which provides for other articles of iron or steel, other. The duty rate will be 2.9% ad valorem.

We may be able to provide a classification ruling for the weld bolt, Part Number 90115-05056-00. However, more information is required. How does the item function based upon its design characteristics? Your previous submission for additional information was insufficient for us to determine how that weld bolt was designed to function.

Being that there is ongoing litigation for the weld bolts, we can not rule on the classification of Part Numbers 90115-05095-00 and 90115-06306-00 at this time. The other weld bolt, Part Number 90115-06159-00, has been “dropped” for a classification ruling, as per your request and statement that a protest is pending upon it.

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

A copy of this 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 Kathy Campanelli at 212-637-7025.

Sincerely,

Robert B. Swierupski
Director

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