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NY R05026




October 24, 2006

CLA-2-87:RR:E:NC:N1:101 R05026

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.99.6400

Ms. Jane Reynolds
GSP North America Co., Inc.
298 Commercial Road
Spartanburg, SC 29303

RE: The tariff classification of automotive drive shafts from China

Dear Ms. Reynolds:

In your letter dated October 9, 2006 you requested a tariff classification ruling.

The item is a drive shaft for use in motor vehicles principally designed for the transport of persons. It is the automobile part that connects the gearbox and the wheel hub assembly.

The applicable subheading for the automotive drive shafts will be 8708.99.6400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: half shafts and drive shafts. 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/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 8708.96.6890 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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