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February 2, 2001

CLA©2©84:RR:NC:MM:106 G86626

CATEGORY: CLASSIFICATION

TARIFF NO.: 8409.91.9990

Mr. Ed Kwas
Expeditors Tradewin, LLC
1015 Third Avenue
Seattle, WA 98104

RE:Á???????ÁThe tariff classification of a chain saw carburetor

Dear Mr. Kwas:

Á???????ÁIn your letter dated January 18, 2001, on behalf of your client, Walbro Engine Management, you requested a tariff classification ruling. You submitted a sample of the carburetor as well as technical drawings. As requested, the sample will be returned to you.

Á???????ÁThe carburetor at issue, designated by you as model HE©18B, is said to supply an air and fuel mixture to an internal combustion reciprocating piston engine for use in a chain saw. The country of origin of the carburetor was not stated.

Á???????ÁYou suggest classification of the subject carburetor in the tariff provision for parts of chain saws. We cannot agree with this conclusion. It is well settled in Customs law that a part of a part is more specific than a part of a whole. Therefore, following section note 2 of Section XVI of the Harmonized Tariff Schedule, the carburetor is more specifically provided for as an engine part than as a part of a chain saw.

Á???????ÁThe applicable subheading for the chain saw carburetor will be 8409.91.9990, Harmonized Tariff Schedule of the United States (HTS), which provides for parts suitable for use solely or principally with spark ignition internal combustion piston engine, other, other, other. The rate of duty will be 2.5 percent ad valorem.

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

???Á???????ÁA 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 Patrick J. Wholey at 212©637©7036.


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