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NY I89567





January 14, 2003

CLA-2-87:RR:NC:MM:101 I89567

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.99.6790

Mr. Robert L. Morris, Jr.
JAMCO International, Inc.
P.O. Box 430321
Laredo, Texas 78043-0321

RE: The tariff classification of a Gear Shift Assembly for Automatic Transmissions in Automobiles from Mexico

Dear Mr. Morris:

In your letter dated December 11, 2002 you requested a tariff classification ruling on behalf of your client Teleflex Automotive Mfg. Corp.

You submitted samples of a gear shift assembly for automatic transmissions in automobiles. You submitted a finished part as well as the following parts that are assembled into the finished gear shift assembly that you have labeled Part “C”. Part Number 80.38.002 is the selector control that you have labeled Part “A”. You state that the selector control was initially imported from Germany and that Teleflex initially intended to assemble this part with the leather boot (labeled Part “B”) in the United States. You state that the decision has been made to re-export the selector control to Mexico and to have it assembled with the boot there. Once the assembly has taken place, the finished assembly “C” will be returned to the United States.

You ask three questions in your submission: What will be the classification of the finished product (Part “C”)? What will be the origin of the finished product? Can Teleflex use 9802.00.5060 for the value of the selector control part number 80.38.002?

The applicable subheading for the Finished Gear Shift Assembly for Automatic Transmissions will be 8708.99.6790, 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: Other: Other: Other: Other parts for power trainsOther. The rate of duty will be 2.5% ad valorem.

In regards to questions 2 and 3 this office does not have enough information to advise you what the country of origin of the finished product will be and whether or not 9802.00.5060 can be used for the value of the selector control part number 80.38.002. Please resubmit your request to U.S. Customs Headquarters in Washington, D.C. with detailed information.

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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