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NY F89301




July 27, 2000

CLA-2-84:RR:NC:MM:110 F89301

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000

Mr. Mitchell Neriah
415 So. Prospect Ave. Ste. 110
Redondo Beach, CA 90277

RE: The tariff classification of a notebook computer plastic latch assembly from Japan.

Dear Mr. Neriah:

In your letter dated July 3, 2000, on behalf of your client Toshiba America Information Systems, Inc. (TAIS), you requested a tariff classification ruling.

The merchandise under consideration is a plastic latch assembly consisting of four components, three hard molded plastic items and a steel coil spring. The four components are permanently assembled together to form one singular sub assembly and will be imported in this condition. A complete sub assembly was submitted with your ruling request. The three hard molded plastic items of the latch assembly are described as a molded plastic frame, hook plate and slide button. When installed into a notebook computer, the latch assembly is attached to the outer cabinet and is used to hold the notebook computer closed when not in use. This item is specifically and exclusively designed for used with Toshiba notebook computers, and cannot be used in any other application.

The latch assemblies primary function and design is specific in nature and primarily constructed of plastic. It would not be considered a "part of general use" as defined in Section XV note 2, in that it is not constructed of base metal, which would also preclude its consideration as an article described in heading 8308 of Section XV. Chapter 83 is for "Miscellaneous Articles of Base Metal." Section XV note 1(f) states; "This section does not cover: Articles of Section XVI." As for your reference to Section XVI note 1(g), "This section does not cover: Parts of general use, as defined in note 2 to Section XV or similar goods of plastics (chapter 39)." This latch assembly would also not be considered as a similar good of plastics. Chapter 39, "Plastics and Articles Thereof," note 2(o) states; "This section does not cover: Articles of Section XVI." The latch assembly is clearly an item solely or principally designed to be incorporated into a Toshiba notebook computer and is not suitable for use in any other application.

Classification of parts is determined by Legal Note 2 to Section XVI, HTSUS, which provides as follows: "Subject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules: (a) Parts which are goods included in any of the headings of chapters 84 and 85 are in all cases to be classified in their respective headings; (b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading are to be classified with the machines of that kind."

The applicable subheading for the TAIS latch assembly will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other." The rate of duty will be free.

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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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