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NY N003484




November 22, 2006

CLA-2-85:RR:E:NC:N1:101

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.99.8080

Mr. M. Shawn Fitzpatrick
President
J.T.M. Industries Incorporated
PO Box 1615
Grand Forks BC
VOH 1HO, Canada

RE: The tariff classification of Automotive Headlamp Guards from Canada

Dear Mr. Fitzpatrick:

In your letter dated November 18, 2006 you requested a tariff classification ruling.

The item is an automotive headlamp guard. It is a metal grill which fits over automotive headlamps and has a flip up feature for easy cleaning. It is attached to the headlamp with stainless steel bezel retaining screws.

The applicable subheading for the headlamp guard will be 8708.99.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705L Other parts and accessories: Other: Other: Other. The rate of duty will be 2.5 percent.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 8708.99.81 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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