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NY H88184




February 27, 2002

CLA-2-87:RR:NC:MM:101 H88184

CATEGORY: CLASSIFICATION

TARIFF NO.: 8302.30.3060, 8708.29.5060

Mr. Mitchell Neriah
Mitchell Neriah Customs Consulting Services 415 S. Prospect Ave., Suite 110
Redondo Beach, California 90277

RE: The tariff classification of Various Components (“FOOT”, “PLATE”, “LINK”, and “DAMPER”) of Seat Adjusting Mechanisms and Seats Used in Motor Vehicles from Japan

Dear Mr. Neriah:

In your letter dated January 30, 2002 you requested a tariff classification ruling on behalf of Imasen Bucyrus Technology, Inc. (“IB Tech).

You submitted photographs of various components of seat adjusting mechanisms and seats used in motor vehicles. You state that the complete seat adjusting mechanism is referred to by IB Tech as a “Full Seat Device.” The Full Seat Device is the entire base metal assembly upon which the seat is mounted, and allows for the seat occupant to adjust the seat position forward or reverse, adjust the seat back recline position, and in some cases, raising or lowering seat height in relation to the auto floor. The seat back and the seat bottom are attached to the Full Seat Device, and the Full Seat Device is fastened to the floor by a bracket.

The first item, “FOOT”, is a stamped metal bracket, used to secure and attach the Full Seat Device to the automobile floor. It has pre-drilled holes for bolts. The Foot is secured to the bottom of the Full Seat Device on one end (to the bottom of the lower slide rail), and to the automobile floor on the other. You state that the Foot is specifically designed for and used solely with automobile seats.

The second item, “PLATE”, is a single stamped piece of base metal with three pre-drilled holes. It is placed on the bottom of a lower slide rail of the Full Seat Device, and is used as a support and distance spacer when attaching the Foot to the Full Seat Device. Three bolts with nuts are used to fasten the Foot to the lower slide rail and Full Seat Device. The Plate is specifically designed to fit within the lower slide rail, with its pre-drilled holes aligning with holes in the slide rails and Foot. The Plate functions to support and protect the lower rail in the Full Seat Device from damage which may occur from attachment to the Foot. It prevents the slide rail from bending, which would prevent the seat from sliding forward or reverse. You state that the Plate is used solely with the automobile seat models for which it is designed.

The third item, “LINK”, is a base metal bracket used in the Full Seat Device to adjust the height in relation to the auto floor by electric motor. The Link is fastened to the slide rail by bolts on one end. On the other end, and electric height adjust motor is mounted. The Shaft is also attached to the electric motor. When activated, the electric motor will rotate the Shaft, which will lift a recliner bracket attached to the seat. The Link serves as an anchor to hold the electric motor in place while it activates the seat height adjust position. You state that the Link is specifically designed for and used solely with the automobile seat models for which it is designed.

The fourth item, “DAMPER”, is a bushing made of hard rubber used in the Full Seat Device to protect moving metal parts within the Full Seat Device. It is placed over a power transmission arm of the electric motor used for seat position adjustment. It functions to protect the (metal) transmission arm of the motor from making direct contact with the (metal) shaft of the Full Seat Device, thus preventing damage. You state that the Damper is specifically designed for and used solely with the automobile seat models for which it is designed.

The applicable subheading for the “FOOT” will be 8302.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or zincOther. The rate of duty will be 2% ad valorem.

The applicable subheading for the “PLATE” will be 8708.29.5060, 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 of bodies (including cabs): Other: OtherOther. The rate of duty will be 2.5% ad valorem.

The applicable subheading for the “LINK” will be 8302.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or zincOther. The rate of duty will be 2% ad valorem.

The applicable subheading for the “DAMPER” will be 8708.29.5060, 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 of bodies (including cabs): Other: OtherOther. The rate of duty will be 2.5% 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 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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