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NY G80933





August 16, 2000

CLA-2-81:RR:NC:N1:113 G80933

CATEGORY: CLASSIFICATION

TARIFF NO.: 8108.90.3060

Mr. Francois Haymann
F. H. Technologies, Inc.
2 Lakeside Ave., Suite C
Verona, NJ 07044

RE: The tariff classification of titanium alloy engine fasteners from France

Dear Mr. Haymann:

In your letter dated August 7, 2000, you requested a tariff classification ruling.

The merchandise is bolts and studs made of titanium alloy. The bolts and studs are designed to be used with aircraft engines designed by General Electric or Pratt and Whitney.

Articles otherwise classifiable as "parts" and "parts and accessories" in Section XVI, HTS, are precluded from such classification if they qualify as parts of general use. See Section XVI, Note 1(g), HTS. Throughout the HTS, the expression "parts of general use" means, among other things, articles of heading 7318 and similar articles of other base metals. See Section XV, Note 2(a), HTS. Therefore, bolts and studs being "parts of general use," are precluded from classification in Section XVI.

There are no equivalent provisions in Chapter 73 or elsewhere in the HTSUSA for screws, bolts and similar articles of titanium. Under the authority of GRI 1, titanium bolts and studs are provided for in heading 8108, titanium and articles thereof, including waste and scrap. Actual classification is in subheading 8108.90.3060, HTS, other articles of titanium.

The applicable subheading for the fasteners will be 8108.90.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of titanium. The rate of duty will be 5.5 percent ad valorem.

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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