CLA-2-83:RR:NC:MM:113 B84958
Mr. Dale Latshaw
Dorma Door Controls, Inc.
Dorma Drive
Reamstown, PA 17567
RE: The tariff classification of parts of automatic door closers
from Germany
Dear Mr. Latshaw:
In your letter dated April 18, 1997, received in this office
on May 19, 1997, you requested a tariff classification ruling.
The merchandise is base metal parts of automatic door
closers. The parts are used on the 7600 Series and the RTS 88
Series.
The 7600 series closers are hydraulic, surface-applied door
closers with backcheck and full range adjustable spring force for
interior or exterior doors. The two white arrows in the picture
of the 7600 model illustrate the two parts imported for that
closer.
The RTS series closers are overhead,
concealed closers. They consist of a steel
cam, rollers and springs housed in a compact
cast iron body. The imported components of
the RTS 88 door closer are not as evident in
its picture, but comprise the body of the
closer, the round fitting shown at the left
end, and five other internal parts and
fittings. This closer also works by
hydraulics.
In your letter, you mention that
there are two possible applicable
headings for these items, subheading
8302.41.3000, which provides for other
mountings, fittings and similar
articles, and parts thereof, suitable
for buildings, door closers, except
automatic door closers, and subheading
8302.60, which provides for automatic
door closers and parts thereof.
Classification of merchandise
under the HTSUSA is in accordance with the General Rules of
Interpretation (GRI's), taken in order. GRI (1) provides that
for legal purposes, classification shall be determined according
to the terms of the headings and any relative section or chapter
notes. With regard to the parts of automatic door closers,
heading 8302.60.9000, HTS, provides for automatic door closers,
and parts thereof, parts. The Explanatory Notes constitute the
official interpretation of the tariff at the international
level. The Explanatory Notes to Section XV, 83.02(H) describes
the articles of heading 8302.60, HTS, as "automatic door
closers, spring or hydraulic types, for doors, gates, etc." Since
the imported items are parts of automatic door closers, as
defined by the terms of the heading, GRI 1 requires that they be
classified in that heading.
The applicable subheading for the parts of automatic door
closers will be 8302.60.9000, Harmonized Tariff Schedule of the
United States (HTS), which provides for base metal mountings,
fittings and similar articles, suitable for furniture, doors . .
. automatic door closers, and parts thereof, parts. The rate of
duty will be 3.4 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 212-466-2084.
Sincerely,
Robert B. Swierupski
Chief, Metals & Machinery Branch
National Commodity
Specialist Division