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NY G86013




January 29, 2001

CLA-2:RR:NC:1:112 G86013

CATEGORY: CLASSIFICATION

TARIFF NO.: 8538.90.6000

Mr. Matthew Nakachi
Three Embarcadero Center
Suite 1160
San Francisco, CA 94111

RE: The tariff classification of a plastic trim plate.

Dear Mr. Nakachi:

In your letter dated December 15, 2000, on behalf of Temic Telefunken Microelectronic GMBH, you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the trim plate is a molded plastic covering that seals and protects a passenger door module. The passenger door module is a unit that contains switches that control the door locks, windows and seat heating unit in an automobile.

The applicable subheading for the plastic trim plate will be 8538.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Molded parts. The general rate of duty is 3.5 percent ad valorem.

With regard to heading 9801, U.S. Note 1, Chapter 98, states that the provisions of that chapter are not subject to the rule of relative specificity in General Rule of Interpretation 3(a). This note further states that any article which is described in Chapter 98 is classifiable in said provision if the conditions and requirements thereof and of any applicable regulations are met. The decision as to whether such conditions/requirements and applicable regulations are met is within the purview of the Port Director at the port of entry.

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 above, contact National Import Specialist David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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