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NY R04672

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September 11, 2006

CLA-2-84:RR:E:NC:N1:106 R04672

CATEGORY: CLASSIFICATION

TARIFF NO.: 7320.10.3000; 7320.10.60; 8407.34.4800; 8408.20.2000; 8421.39.8015; 8708.99.8080

Mr. Brian Walsh
Barnes, Richardson & Colburn
303 East Wacker Drive
Chicago, IL 60601

RE: The tariff classification of various automotive assemblies

Dear Mr. Walsh:

In your letter dated August 18, 2006, on behalf of DaimlerChrysler Manufacturing International, you requested a tariff classification ruling. Descriptions and photos were included with your request.

The merchandise consists of 4 types of assemblies for installation into various automotive vehicles. You state that the assemblies will have undergone disassembly in Europe from complete motor vehicles. The assemblies and the motor vehicle bodies will be imported separately.

The first assembly involves engine assemblies, of which there are two versions. The first is a diesel engine assembly consisting of a diesel engine, gearbox and assorted fasteners for assembly and attachment to the vehicle body. The second is a gasoline engine assembly consisting of a 3,498 cc gasoline engine, a gearbox, exhaust pipes and various assembly/attachment fasteners.

The second assembly consists of leaf spring assemblies. The leaf spring assemblies consist of the actual leaf springs and attached hardware for mounting. The leaf springs are made of steel and will be used for vehicle suspensions. Certain of the leaf springs will be used in motor vehicles have a gross vehicle weight (G.V.W.) not exceeding four metric tons. Others will be used in motor vehicles have a G.V.W exceeding four tons. Individual leaf spring thicknesses are not stated.

The third assembly consists of fuel tank assemblies. The assembly consists of a fuel tank and assorted straps, clamps, pipes, tubes and other assembly hardware. The last assembly consists of an active charcoal filter and associated assembly hardware. This article is also known as a charcoal canister and operates in gasoline engines as part of the evaporative emissions control system.

The applicable subheading for the diesel engine assembly will be 8408.20.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for compression-ignition internal combustion piston engines of a kind used for the propulsion of vehicles of chapter 87. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the gasoline engine assembly will be 8407.34.4800, HTSUS, which provides for spark-ignition reciprocating or rotary internal combustion piston engines of a kind used for the propulsion of vehicles of chapter 87 with a cylinder capacity exceeding 2000 cc. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the leaf spring assembly for vehicles not exceeding 4 metric tons will be 7320.10.3000, HTSUS, which provides for leaf springs and leaves of iron or steel suitable for motor vehicle suspension to be used in motor vehicles have a G.V.W not exceeding 4 metric tons. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the leaf spring assembly for vehicles exceeding 4 metric tons will be 7320.10.60, HTSUS, which provides for leaf springs and leaves of iron or steel suitable for motor vehicle suspension to be used in motor vehicles have a G.V.W not exceeding 4 metric tons. The statistical suffix would be determined by the thickness of individual leaves. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the fuel tank assembly will be 8708.99.8080, HTSUS, which provides for other automotive parts and accessories. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the charcoal canister will be 8421.39.8015, HTSUS, which provides for filtering or purifying machinery and apparatus, for gases. The rate of duty will be free.

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/.

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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 7320.10.30 - Iron or steel, leaf springs & leaves therefore, to be used in motor vehicles having a G.V.W. not exceeding 4 metric tons
• Tariff No.: 7320.10.60 - Iron or steel, leaf springs & leaves therefore, suitable for motor vehicle suspension (o/than for motor vehicles w/a G.V.W. o/4 metric tons)
• Tariff No.: 8407.34.48 - Spark-ignition reciprocating piston engines for vehicles of 8701.20 or 8702-8704, cylinder capacity over 2000 cc, new
• Tariff No.: 8408.20.20 - Compression-ignition internal-combustion piston engines to be installed in vehicles of heading 8701.20, 8702, 8703, or 8704
• Tariff No.: 8421.39.80 - Filtering or purifying machinery and apparatus for gases, other than intake air filters for internal combustion engines or catalytic conv.
• Tariff No.: 8708.99.80 - Pts. & access., nesoi, of motor vehicles of 8701, nesoi, and 8702-8705