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NY I89953




January 21, 2003

CLA-2-85:RR:NC:MM:109 I89953

CATEGORY: CLASSIFICATION

TARIFF NO.: 8533.90.8000 7320.20.5020

Mr. Timothy Shepherd
Attorney-in-Fact
Nissin Customs Service, Inc.
101 Mark Street
Suite G
Wood Dale, IL 60191

RE: The tariff classification of Accelerator Position Sensor Parts from Japan

Dear Mr. Shepherd:

In your letter dated January 10, 2003 you requested a tariff classification ruling, on behalf of Keihin IPT Manufacturing Inc. (KIPT).

Your request covered 12 items. However, ruling requests must be limited to a maximum of 5 items in order to be accepted. The items in a single request must be of the same class or kind. For example, a request concerning textile articles may not include items such as footwear. The outside of envelopes and packages should be annotated "Binding Ruling Request."

This ruling will address the first 5 items listed within your request, which are the Gasket (Part Number CR640-RCA-0000), Seal (Part Number CR651-RCA-0000), and three Springs (Part Numbers CR622-RCA-6000, CR622-RCA-0000, and CR622-RDJ-6000).

You had suggested HTS # 8484.10.0000 as the classification for the Gasket (Part Number CR640-RCA-0000). However, after examination of the sample submitted, NIS Alan Horowitz determined that 8484.10.0000 was not applicable because the item is not a gasket as described in the Explanatory Notes to Heading 8484.

The applicable subheading for the Gasket will be 8533.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical resistors (including rheostats and potentiometers), other than heating resistors, Parts: Other. The duty rate will be free.

The applicable tariff provision for the three springs (CR622-RCA-6000, CR622-RCA-0000, and CR622-RCJ-6000) will be 7320.20.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for springs and leaves for springs, of iron or steel: helical springs: other: helical springs, of wire having a cross-sectional dimension of less than 5.1 mm: other. The rate of duty will be 3.9% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Seal (Part Number CR651-RCA-0000). Your request for a classification ruling should include: a) The name of the material that it is made of b) The name of the type of rubber or polymer used in the manufacturing process c) a cost breakdown of the seal.

When this information is available, you may wish to consider resubmission of your request. If you have any specific questions regarding the Seal (Part Number CR651-RCA-0000) you may contact National Import Specialist Joan Mazzola at 646-733-3023.

We are returning any related samples, exhibits, etc. If you decide to resubmit your request for those items whose classifications were not provided, please include the material pertaining to those items upon resubmission.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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