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NY 818594

February 28, 1996

CLA-2-73:RR:NC:MA:101 818594


TARIFF NO.: 7326.90.8530

Ms. Vickie Leavens
Thyssen Haniel Logistics Customs Brokers, Inc. 11677 Wayne Rd. STE. 111
Romulus, MI 48174

RE: The tariff classification of hose clamps from Germany.

Dear Ms. Leavens:

In your letter dated January 22, 1996 you requested a tariff classification ruling on behalf of Norma Products (US) Inc.

You have presented two items for classification:

The first item is described as a constant tension band clamp (also referred to as a spring band) You claim that the item is particularly suitable for hose connections in automotive cooling and heating systems.

The second is described as a hose clamp (a worm drive hose clamp or a "Torro" hose clip). It is adjusted by means of a screw.

You inquire why these types of clamps have been classified by Customs in HS 7326.90.8585 instead of in HS 8708.99.8080.

You state that these clamps are used solely for the auto industry. The samples which you have provided, however, indicate to us that these are generic type clamps which can be used in the support of hoses and tubes in many mechanical applications. We can see no principle or sole use in the automotive industry. We do, however, believe that the clamps are more properly classified in HS 7326.90.8530 as hangers and similar supports for tubes and pipes.

The applicable subheading for the clamps will be 7326.90.8530, Harmonized Tariff Schedule of the United States (HTS), which provides for hangers and similar supports for tubes and pipes. The rate of duty will be 4.6 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 Robert DeSoucey at 212-466-5667.


Roger J. Silvestri

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