CLA-2-84:OT:RR:E:NC:N1:102
Mr. Ralph Garcia
Mitsubishi Motors North America
6400 Katella Ave.
Cypress, CA 90630
RE: The tariff classification of actuators from Japan
Dear Mr. Garcia:
In your letter dated July 16, 2009 you requested a tariff classification ruling. Descriptive literature and illustrations were submitted.
The items you plan to import are described as a freewheel clutch actuator, part number MB620790, and a turbocharger waste gate actuator, part number MN153089. You indicate that these actuators are specifically designed as service parts for Mitsubishi vehicles and are controlled or activated by engine vacuum pressure.
The freewheel clutch actuator is part of the four wheel drive system for certain Mitsubishi automobiles. It is comprised primarily of a mounting bracket, a steel rod, a rubber boot and a housing. The housing is divided into two chambers each having a nipple that connects to a vacuum hose for controlling front wheel drive operation. This actuator is designed to engage and disengage the front wheels for all wheel drive operation (AWD) by interlocking or meshing the freewheel clutch shaft with the final drive differential gears.
The driver may engage the front wheels for all wheel drive operation by choosing the AWD option. When the AWD option is selected, a solenoid is activated which directs engine vacuum pressure to the appropriate chamber within the freewheel clutch actuator which moves a steel rod. The rod then pushes the freewheel clutch fork which sets the freewheel clutch shaft in motion thus engaging the front wheels. If normal drive is selected, a solenoid is activated which directs engine vacuum pressure to the opposite chamber within the freewheel clutch actuator which disengages the front wheels.
The turbocharger waste gate actuator is part of the forced induction system for certain Mitsubishi vehicles. It consists primarily of a mounting bracket, a steel rod and a housing that contains a diaphragm, a spring loaded mechanism and a nipple for connecting a vacuum hose. The function of this actuator is to open and close the waste gate, a valve that controls pressure within the turbocharger.
The pressure within the turbocharger increases as engine speed increases. If the turbocharger pressure increases beyond the appropriate level, the engine control unit activates a solenoid. The solenoid directs engine vacuum pressure to the turbocharger waste gate actuator which opens the waste gate valve thus reducing the turbocharger pressure.
In your letter, you suggest classifying the actuators in subheading 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter. However, we find that the actuators, which convert vacuum pressure into mechanical energy are provided for as other engines and motors in HTSUS heading 8412.
The applicable subheading for the freewheel clutch actuator and the turbocharger waste gate actuator will be 8412.39.0080, HTSUS, which provides for other pneumatic power engines and motors. The rate of duty is 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 Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division