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NY J86535




July 14, 2003

CLA-2-83:RR:NC:MM:101 J86535

CATEGORY: CLASSIFICATION

TARIFF NO.: 8301.20.0060, 8302.30.3060

Mr. Martin Spencer
Sandler & Travis Trade Advisory Services, Inc. 38345 Ten Mile Road
Farmington Hills, Michigan 48335

RE: The tariff classification of a Hood Latch and a Deck Lid or Trunk Latch from Canada

Dear Mr. Spencer:

In your letter dated June 17, 2003 you requested a tariff classification ruling.

You submitted illustrative literature depicting Part Number 04580180AD LH Hood Latch and Part Number 04575361AC LH Deck Latch. You state that both types of latches will be used on Chrysler Concorde, Dodge Intrepid and Chrysler 300M passenger automobiles.

You state that the Hood Latch is strictly mechanical. It is actuated/released via a mechanical cable that runs from the passenger compartment to the hood release pawl. It also incorporates a secondary safety catch/latch that is actuated/released by a lever under the vehicle’s hood. Its principal function is to keep the hood securely closed while the vehicle is in operation.

The Deck Lid or Trunk Latch is both a mechanical and power actuated mechanism. It has a mechanical release via the key/lock cylinder and an emergency release handle/cable located inside the trunk. The deck lid can also be opened electrically via a button/switch located in the passenger compartment and/or via radio remote keyless entry that sends a signal to a radio control receiver. When the button/switch or remote device is pressed, a signal is sent to the power actuator via the body controller that releases the latch. Its principal function is to keep the deck lid securely closed while the vehicle is in operation.

In your letter you suggest that the deck latch is classifiable under heading 8302, HTS. However, since that item is operated by a key or remote, it is more properly provided for in heading 8301.

The applicable subheading for the Deck Lid or Trunk Latch will be 8301.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Padlocks and locks (key, combination or electrically operated), of base metal; clasps and frames with clasps, incorporating locks, of base metal: keys and parts of any of the foregoing articles, of base metal: Locks of a kind used on motor vehiclesOther. The rate of duty will be 5.7% ad valorem.

The applicable subheading for the Hood Latch 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.

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. If you have any questions regarding the classification of the Deck Lid or Trunk Latch contact National Import Specialist James Smyth at 646-733-3018

Sincerely,

Robert B. Swierupski
Director,

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