CLA-2-87:OT:RR:NC:N2:206
Shawn A. Monroe
Better Brake Parts
915 Shawnee Rd.
Lima, OH 45805
RE: The tariff classification of automotive brake components from China
Dear Mr. Monroe:
In your letter dated August 27, 2018, you requested a tariff classification ruling.
The five (5) items under consideration have been identified as Automotive Brake Parts, which are components used with motor vehicle brakes systems. You describe the components as follows:
Item 1 is a Guide Bolt and Lock Bolt that are threaded together through the flange of the brake caliper to form an assembly. The brake caliper bracket then slides on the guide bolt during the functioning of the brakes. These parts are made of steel and are about 7mm to 10mm in diameter. In your further communication with this office you indicated that the guide bolt and lock bolt are packaged individually and are not imported as an assembly.
Item 2 is a Key Support and Key Spring, which are paired and slid in between the brake caliper and the knuckle to provide tension and eliminate noise in the brake caliper assembly.
They are made of steel and are typically 3 inches in length. You state that the key support and key spring are packaged individually and are not imported as an assembly.
Item 3 is a Banjo Bolt, which is threaded into the back of the brake caliper. Its purpose is to attach the brake line to the brake caliper so fluid can be supplied through the brake line and into the brake caliper. It is made of steel and is in the M8 to M10 thread range.
Item 4 is a stainless steel Pad Clip, which is snapped onto the brake caliper bracket. It provides tension and noise reduction to the assembly as well as a smooth, hardened surface for the brake pad to slide upon during braking.
Item 5 is a Guide Pin, which threads itself into the flange of the brake caliper. The brake caliper bracket then slides on this pin for alignment and function during the functioning of the brakes. The guide pin is made of steel and 8-10 millimeters in diameter 4-5 inches long.
Since the articles in Item 1 and Item 2 are four separate products that are imported individually packaged, they will be classified accordingly. As a result, the lock bolt, guide bolt, key support and key spring are being reviewed as single items.
Consideration was given to classifying the lock bolt, guide bolt and banjo bolt as bolts in subheading 7318.15.2095, Harmonized Tariff Schedule of the United States (HTSUS), as you proposed. However, after consulting ANSI/ASME Standard B18.2.1 and reviewing the features of these fasteners in relation to the criteria, the banjo bolt and lock bolts are determined to be screws, greater than 6 mm in diameter, with a hexagonal head, made of steel, and will be classified based on this criteria. Since the guide bolt does not provide a fastening function at all, it is excluded from classification in HTSUS heading 7318.
You also suggested classification of the pad clip and guide pin in subheading 8302.10.3000, HTSUS, as hinges designed for motor vehicles. However, they are not hinges and do not function as such.
In addition, you proposed that the key support and key spring be classified in subheading 8708.30.5060, HTSUS, as parts of motor vehicle brakes. However, springs are excluded from classification in Section XVII by Legal Note 2(b) to that Section. Noting that the key support actually supports the key spring, classification of both items in heading 8708, HTSUS, is precluded.
The applicable classification subheading for the Lock Bolt and Banjo Bolt will be 7318.15.8069, HTSUS, which provides for “Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Other screws and bolts, whether or not with their nuts or washers: other: Having shanks or threads with a diameter of 6 mm or more: Other: Other: With hexagonal heads: Other: Other.” The duty rate will be 8.5% ad valorem.
The applicable classification subheading for the Key Spring will be 7320.90.5060, HTSUS, which provides for “Springs and leaves for springs, of iron or steel: Other: Other: Other.” The rate of duty will be 2.9 percent ad valorem.
The applicable classification subheading for the Key Support will be 7326.90.8688, HTSUS, which provides for “Other articles of iron or steel, Other, Other: Other.” The rate of duty will be 2.9 percent ad valorem.
The applicable classification subheading for the Pad Clip will be 8302.30.3060, HTSUS, which provides for “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or of zinc: Other.” The rate of duty will be 2 percent ad valorem.
The applicable classification subheading for the Guide Bolt and the Guide Pin will be 8708.30.5090, HTSUS, which provides for “Parts and accessories of the motor vehicles of headings 8701 to 8705: Brakes and servo-brakes; parts thereof: For other vehicles: Other.” The rate of duty will be 2.5 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 https://hts.usitc.gov/current.
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, please contact National Import Specialist Liana Alvarez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division