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HQ 965733




July 22, 2002

CLA-2 RR:CR:GC 965733 GOB

CATEGORY: CLASSIFICATION

TARIFF NO.: 8714.19.00

Laurie Peach
Manager, Customs Department
American Honda Motor Co., Inc.
1919 Torrance Blvd.
Torrance, CA 90501-2746

RE: NY I82215 Modified; Motorcycle Cam Chain Guide

Dear Ms Peach:

This letter is with respect to New York Ruling (“NY”) I82215 issued to you on May 15, 2002, concerning the classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of two motorcycle parts. We have reviewed that ruling and have determined that a clerical error was made with regard to the classification of one of the parts.

FACTS:

In NY I82215, Customs made the following classification determinations under the HTSUS: a motorcycle cam chain guide (part no. 14620-KF0-000) is classified in subheading 8714.99.80, HTSUS; and an ATV drive chain guide (part no. 40513-943-000) is classified in subheading 8708.99.67, HTSUS.

We have reviewed NY I82215 and have determined that the motorcycle cam chain guide was incorrectly classified due to clerical error. This ruling sets forth the correct classification of the motorcycle cam chain guide. The classification of the ATV drive chain guide is not affected by this ruling.

The motorcycle cam chain guide was described in NY I82215 as follows: “[T]his part is contained within a spark-ignition internal combustion piston engine, and serves to keep the cam chain taut and in position so that the engine can run properly.”

ISSUE:

What is the classification under the HTSUS of the motorcycle cam chain guide?

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRI’s”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied. GRI 2 is not applicable here. GRI 3(a) provides in pertinent part that where goods are, prima facie, classifiable under two or more headings, the heading which provides the most specific description shall be preferred to headings providing a more general description. GRI 4 and GRI 5 are not applicable here. GRI 6 provides in pertinent part that the classification of goods in the subheadings of a heading shall be determined according to the above rules, on the understanding that only subheadings at the same level are comparable.

The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the EN’s provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80.

The HTSUS provisions under consideration are as follows:

8714 Parts and accessories of vehicles of headings 8711 to 8713:

Of motorcycles (including mopeds):

8714.19.00 Other

Other:

8714.99 Other:

8714.99.80 Other

Motorcyles are provided for in heading 8711, HTSUS. The motorcycle cam chain guide is described in heading 8714, HTSUS, as it is a part of a motorcycle of heading 8711, HTSUS. Subheading 8714.19.00, HTSUS, is more specific than subheading 8714.99.80, HTSUS. Therefore, the motorcycle cam chain guide is classified in subheading 8714.19.00, HTSUS, as: “Parts and accessories of vehicles of headings to 8713: . . . Of motorcycles . . . : . . . Other.”

HOLDING:

The motorcycle cam chain guide is classified in subheading 8714.19.00, HTSUS, as: “Parts and accessories of vehicles of headings 8711 to 8713: . . . Of motorcycles . . . : . . . Other.”

EFFECT ON OTHER RULINGS:

NY I81339 is modified with respect to the classification of the motorcycle cam chain guide.

Sincerely,

Myles B. Harmon, Acting Director
Commercial Rulings Division

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