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NY N019561




November 29, 2007

CLA-2-90:OT:RR:E:NC:N1:105

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.89.6085

Mr. Kit Johnson
Mercedes-Benz US
One Mercedes Drive
Vance, AL 35490

RE: The tariff classification of a headlamp range adjustment control from Germany

Dear Mr. Johnson:

In your letter dated 11-8-07, you requested a tariff classification ruling. No sample was provided.

You state:
“The control unit works in an automatic headlamp leveling system designed to maintain the inclination angle of the headlamps within prescribed limits, without any action being taken by the driver, preventing the user’s headlamps from blinding or dazzling oncoming traffic.”

In terms of the definition of HTSUS 9032 in Note 7 to its Chapter 90, the disturbances that the control must correct for to maintain the desired inclination include the degree of squat for the automobile, which is dependant on the road inclination, etc.

It is clear that your import does not include the motors, etc, necessary to effectuate the headlamp’s change in inclination. It just decides on and transmits the appropriate instructions to other devices.

We agree that your item is classified in HTSUS 9032.89.60. However, we do not consider it to be an “other” Process control instrument or apparatus of HTSUS 9032.89.6075 as you propose.

The applicable subheading for the headlamp range adjustment control will be 9032.89.6085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Automatic regulating or controlling instruments and apparatus. The rate of duty will be 1.7 percent ad valorem.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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