CLA-2-73:RR:NC:N1:113 R02086

Ms. Melissa Hoffman
Ericsson, Inc.
6300 Legacy Drive
M/S EV-B1-1
Plano, TX 75024

RE: The tariff classification of spare parts from Sweden

Dear Ms. Hoffman:

In your letter dated June 6, 2005, you requested a tariff classification ruling.

The merchandise is the SRG 901 08 silicon grommet and the SXA 113 5863 stainless steel clamp. The items are spare parts for overvoltage protected distribution frames that protect and connect external alarm cables and transmission lines entering the radio base station. The silicon grommet is used for insulation. The clamp is a band of steel, offset in the middle, with two mounting holes. In your letter, you suggest classification in either heading 8529.90.8600, HTS as parts suitable solely or principally with the apparatus of headings 8525 to 8528, or heading 8538.90.8080 as parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537. In the opinion of this office, the grommet is not a part of the RF device. It is not necessary for its functioning. The stainless steel clamp does not appear to be an apparatus or a part of an apparatus for switching, protecting or making an electrical connection within an electric circuit. Therefore, these items would not be classified as parts.

The applicable subheading for the silicon grommet will be 8547.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for insulating fittings of plastics. The rate of duty will be 4.6 percent ad valorem.

The applicable subheading for the clamp will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The rate of duty will be 2.9 percent ad valorem.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division