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NY I85130




August 28, 2002

CLA-2-84:RR:NC:1:102 I85130

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.90.1080

Mr. Ken Xi
Fujitsu Network Communications, Inc.
2801 Telecom Parkway
Richardson, Texas 75082

RE: The tariff classification of metal frame for a fan assembly from Japan.

Dear Mr. Xi:

In your letter dated August 7, 2002 you requested a tariff classification ruling on behalf of Fujitsu Network Communication.

The item in question is described as a metal frame for a fan assembly. The fan assembly is used to ventilate telecommunication equipment and prevent overheating. Descriptive literature and pictures were submitted.

Viewing the submitted pictures, it appears that the subject frame is designed to allow up to twelve axial fans to be assembled together to form a single ventilating unit and facilitate mounting of that unit onto racking for telecommunication equipment. Clearly, the frame is a part of the larger fan formed, i.e., the ventilating unit, because the frame is necessary to completing the assembly of the smaller individual fans. The issue raised in your request is whether the metal frame is classified in heading 8517 of the Tariff Schedule of the United States (HTSUS), which provides for parts of the telecommunication equipment, or in heading 8414, HTSUS, which provides for parts of fans.

In Mitsubishi Electronics America v. United States, 19 CIT 378, 383 n.3 (1995) the court stated “a subpart of a particular part of an article is more specifically provided for as a part of the part than a part of the whole”. The metal frame is a “part of a part” in that it is a part of a fan assembly that is a part of the telecommunication equipment in which it is used. Accordingly, the metal frame is more specifically provided as a part of a fan in heading 8414, HTSUS.

The applicable subheading for the metal frame will be 8414.90.1080, HTSUS, which provides for other parts of fans and ventilating or recycling hoods. The rate of duty will be 4.7 percent 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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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