CLA-2-83:OT:RR:NC:N1:121
Ms. Nicole M. Jenkins
Crowell & Moring LLP
1001 Pennsylvania Ave NW
Washington, DC 20004
RE: The tariff classification of an upper roller assembly from Japan
Dear Ms. Jenkins:
In your letter dated August 26, 2010, you requested a tariff classification ruling on behalf of Aisin Holdings of America, Inc.
The merchandise under consideration is described as an upper roller assembly (Aisin part number 424441-10060). The upper roller assembly functions, along with a lower roller assembly (subject of N113962, August 6, 2010) to support and guide the sliding side door of a van. Together the assemblies facilitate the outward and rearward motion of the van door as it slides open and the inward and forward motion of the van door as it slides closed. The upper and lower roller assemblies are attached onto the upper or lower portion of the door respectively, and move on tracks attached to the body of the vehicle. The upper roller assembly is composed of a plastic roller, a rubber ring, a copper bush that forms the inner ring and a steel spacer that forms a side support. It measures approximately 7/8 inch in outer diameter, is imported without an attached shaft and does not incorporate bearings.
You suggest classification of the upper roller assembly in subheading 8302.10.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal mountings, fittings and similar articles…hinges and parts thereof, of iron or steel, of aluminum or of zinc, designed for motor vehicles. This office agrees with your position that the upper roller assembly is not classifiable as parts of vehicles of Section XVII or parts of articles of Section XVI because of the exclusions from those Sections for parts of general use, as defined in Note 2, Section XV. We also agree that the roller assembly is a base metal mounting/fitting suitable for coachwork in heading 8302. However, our decision is based on the determination that GRI 3(b) is not applicable because neither the plastic nor metal components impart the essential character to the article. The upper roller assembly is classified by application of GRI 3(c), in the heading that occurs last in numerical order among those which equally merit consideration.
Subheading 8302.10.3000, HTSUS, is limited to hinges and parts thereof of iron, steel, aluminum or zinc. This office does not consider Part 424441-10060 to be a hinge or a part of a hinge. Rather, it is classified under subheading 8302.30, which provides for other mountings and fittings suitable for motor vehicles. Additionally, per Section XV, Note 7, articles of base metal containing two or more base metals are to be treated as articles of the base metal that predominates by weight over each of the other metals. The material breakdown you have provided indicates that the upper roller assembly’s copper component has a greater weight than its steel component.
The applicable subheading for the upper roller assembly will be 8302.30.6000, HTSUS, which provides for base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork…other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof, other. The rate of duty will be 3.5 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 Barbara Kaiser at (646) 733-3024.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division