CLA-2-39:OT:RR:NC:N4:415
Jae Yeoung Cha
SEIN Customs & Auditing Corporation
138, Seoun-ro, Seocho-gu
Seoul, 06619
South Korea
RE: The tariff classification of plastic automotive body trim pieces from China.
Dear Mr. Cha:
In your letter dated October 23, 2024, you requested a tariff classification ruling on behalf of your client, Hyundai Motor Company.
Images were provided in lieu of samples.
There are two automotive components under consideration that are both described as model name “MOLDING ASSY-FR DR FRAME.” The first is listed as part numbers 82850-R6010(left) and 82860-R6010(right). The second is listed as part numbers 82850-R6000(left) and 82860-R6000(right). These pieces are rectangular, extruded products made of polyvinyl chloride (PVC) plastic with a stainless-steel reinforcement included in the plastic body. The interior of the plastic body also contains a clip-shaped fastening device. This clip engages with a hole in the glass run on the outside of the vehicle door. Plastic end pieces are attached at both ends to cover sharp front parts and enhance the appearance. The difference between the two trim pieces is the first features a high-gloss film attached to the outer surface of the plastic body and the second has the same color and texture as the rear door molding. They function to fill the gap between the vehicle body and the window, preventing the entry of foreign substances, and to enhance the external appearance of the vehicle door. We agree that they would be considered plastic fittings for coachwork of heading 3926 and that the plastic would impart the essential character over the metal, General Rule of Interpretation 3(b) noted.
The applicable subheading for these trim pieces, part numbers 82850-R6010(left), 82860-R6010(right), 82850-R6000(left), and 82860-R6000(right), will be 3926.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [f]ittings for furniture, coachwork or the like: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3926.30.5000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3926.30.5000, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division