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NY G84606




December 5, 2000

CLA-2-87:RR:NC:MM:101 G84606

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.30.5000, 3926.90.9880, 8409.91.5080, 8708.99.8080

Ms. Brenda K. Osborne
Manager, Customs Compliance
Mitsubishi Motor Sales of America, Inc.
6400 Katella Avenue
Cypress, California 90630-5208

RE: The tariff classification of Motor Vehicle Parts - Fitting, Water Outlet Hose; Hook, Fuel Lid; Seat, Exhaust Muffler; Clip, Brake; and Mark, Three Diamond from Japan

Dear Ms. Osborne:

In your letter dated November 17, 2000 you requested a tariff classification ruling.

You submitted samples as well as literature of the following Motor Vehicle Part Number(s) and Name(s):

MD326766 - Fitting, Water Outlet Hose
MB023335 - Hook, Fuel Lid
MB651931 - Seat, Exhaust Muffler
MR235920 - Clip, Brake
MR416795 - Mark, Three Diamond

The Fitting, Water Outlet Hose is a cast aluminum fitting that is bolted to the engine. The water outlet hose is clamped onto the other end of the fitting. Coolant runs from the engine through the fitting, then through the hose, and then into the radiator. You state that you believe this part should be classified under HTS 8409.91.5080.

The Hook, Fuel Lid is a plastic spring release latching mechanism that connects the fuel lid to the body of the vehicle. You state that you believe this part should be classified under HTS 8708.29.5060.

The Seat, Exhaust Muffler acts as a washer in attaching the exhaust pipe to the rubber insulator. Due to the heat generated in the exhaust area, this item is not made of metal so that it will not harm the rubber insulator.

The Clip, Brake is a retaining clip made of both plastic and rubber. The clip is used in the brake system to keep the brake hose secure to the hose mounting brackets. You state that you believe that this part should be classified under HTS 8708.39.5050.

The Mark, Three Diamond is a plastic emblem. The protective backing is peeled off and the emblem is then adhered to a painted body surface, most often the trunk lid. You state that you believe that this item should be classified under HTS 3926.90.9880

The applicable subheading for the Fitting, Water Outlet Hose will be 8409.91.5080, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts suitable for use solely or principally with engines of heading 8407 or 8408: Other: Suitable for use solely or principally with spark-ignition internal combustion piston engines (including rotary engines): Other: OtherOther. The rate of duty will be 2.5% ad valorem.

The applicable subheading for the Hook, Fuel Lid will be 3926.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: Fittings for furniture, coachwork or the like: Other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the Seat, Exhaust Muffler 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: OtherOther. The rate of duty will be 2.5% ad valorem.

The applicable subheading for the Clip, Brake will be 3926.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: Fittings for furniture, coachwork or the like: Other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the Mark, Three Diamond will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: OtherOther. The rate of duty will be 5.3% 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 Robert DeSoucey at 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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