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NY L81497




January 4, 2005

CLA-2-87:RR:NC:MM:101 L81497

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.29.5060, 8714.99.8000

M/Ms. Denni Awana
Inter-Orient Services
1455 Monterey Pass Road #205
Monterey Park, California 91754

RE: The tariff classification of a Cell Phone and Satellite Radio Receiver Holders from Germany

Dear M/Ms. Awana:

In your letter dated December 8, 2004 you requested a tariff classification ruling on behalf of Arkon Resources Inc.

You submitted seven (7) samples of plastic holders for the mounting of cellular phones and radios inside a motor vehicle and on a bicycle/motorcycle. You did not indicate in your ruling request letter what the country of origin of the parts are; however, all of the parts you submitted are imprinted with “Made in Germany.”

Part #AP009 – is a circular disc used to adhere to the auto console for attachment of a suction gooseneck pedestal. Part #CM037 – is a “bicycle/motorcycle mount device” that has a circular attachment at one end and an attachment at the other end to accept a cell phone or other device. This item appears to mount to a bicycle/motorcycle handlebar. Part #CM046 – has a moveable gooseneck and a suction cup at one end that attaches to the windshield and an attachment at the other end to accept a cell phone or other device. Part #CM046-B - has a moveable gooseneck and a suction cup at one end that attaches to the windshield and an attachment at the other end to accept a cell phone or other device. Part #CM046-L – as annotated on the part (your ruling request letter states that this part is #CM046-1) - has a moveable gooseneck and a suction cup at one end that attaches to the windshield and an attachment at the other end to accept a cell phone or other device. Part #CM052 - has a moveable gooseneck and a suction cup at one end that attaches to the windshield and an attachment at the other end to accept a cell phone or other device. Part #SR061 – has a suction pedestal with a circular disc to hold a satellite radio receiver in an automobile.

The only difference between Parts #CM046, CM046-B, CM046-L, and CM052 is the length of the gooseneck.

The applicable subheading for the Cell Phone and Satellite Radio Receiver Holders Parts #AP009, CM046, CM046-B, CM036-L, CM052, and SR061 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 Cell Phone and Satellite Radio Receiver Holder Part #CM037 that mounts to a bicycle or motorcycle will be 8714.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of vehicles of headings 8711 to 8713: Other: Other: Other. The rate of duty will be 10% 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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