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NY G84320




November 21, 2000

CLA-2-87:RR:NC:MM:101 G84320

CATEGORY: CLASSIFICATION

TARIFF NO.: 8409.91.5080, 8708.29.5060, 8708.99.6700, 8708.99.7360

Mr. Ralph Garcia
Customs Specialist
Mitsubishi Motor Sales of America, Inc.
6400 Katella Avenue
Cypress, California 90630-5208

RE: The tariff classification of motor vehicle Spacers from Japan

Dear Mr. Garcia:

In your letter dated July 12, 2000 you requested a tariff classification ruling.

You submitted technical diagrams of various motor vehicle Spacers. You state that all of the Spacers are replacement parts for Mitsubishi vehicles and have been specifically designed for these vehicles. The spacers in question are not off-the-shelf catalog items. You state that a Spacer is normally defined as "a component which moves two items further apart."

You have requested classification advice on the following Spacers (The Attachment Numbers correspond to the technical diagrams that you have submitted):

MB115177 - Spacer, body mounting (Attachment I) - this spacer is part of a body mount. A body mount is an assembly consisting of one bolt, two lock washers, one nut, two rubber cushions, one flat washer and one spacer. A body mount is used in multiple locations around a vehicle and its purpose it to secure the body of the vehicle to the chassis, while reducing the effects of vibration. The spacer is a tube-like steel structure that fits between the two rubber cushions and its function is to control the amount of pressure applied to the rubber cushions when the bolt is tightened.

MB350349 - Spacer (Attachment II) - This steel spacer fits between the power steering oil reservoir and the power steering oil reservoir bracket. The spacer ensures that the distance between the power steering oil reservoir bracket and power steering oil reservoir is correct for the proper fit and alignment of components mounted on the power steering oil reservoir bracket.

MD735663 - Spacer (Attachment III) - This steel spacer is a component of a manual transmission. The function of the spacer is to ensure the proper distance between a transmission bearing and a transmission gear. This ensures that all critical components within the transmission align properly.

MD997795 - Spacer Set, A/T Diff Side Gear (Attachment IV) - This is a set of steel spacers that are components of an automatic transmission. The function of the spacers is to ensure the proper alignment between several transmission components.

MD174470 - Spacer, Balancer Belt Train (Attachment V) - This is a steel spacer installed on a motor vehicle spark ignition internal combustion piston engine, between the camshaft and the timing belt sprocket. The function of this spacer is to ensure that the distance between timing belt sprocket is precise. This ensures the correct alignment of the timing belt sprocket and the crankshaft sprocket when the timing belt is installed.

MB160671 - Spacer, Knuckle (Attachment VI) - This is a steel spacer which is installed on the front axle of a front-wheel drive or four-wheel drive vehicle. The spacer fits between a front axle flange and a knuckle bearing. Bearing rolling elements do not ride on the spacer. The function of this spacer is to control the amount of axle protrusion through the knuckle.

MB419223 - Spacer, Wind (Attachment VII) - This is a plastic foam spacer with adhesive on two sides. Dimensions are approximately 1/4" wide x 1/4" high x 10 feet long. Its purpose is to adhere to the tailgate glass panel assembly, to muffle the effects of vibration on the glass, and to prevent wind noise.

MB550693 - Spacer, Assist Grip (Attachment VIII) - This spacer resembles a flat washer, however, it is made of a layer of rubber (1/16 inch) and a layer of plastic foam (1/8 inch). The spacer fits between the inside roof grip and the inside roof grip screw. The function of the spacer is to reduce the rattling noise during vehicle movement.

The applicable subheading for MD174470 - Spacer, Balancer Belt Train will be 8409.91.5080, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts suitable for use solely or principally with the engines of heading 8407 or 8408: Other: Suitable for use solely or principally with spark-ignition internal combustion piston engines (including rotary engines): Other: For vehicles of subheading 8701.20, or heading 8702, 8703, or 8704: OtherOther. The rate of duty will be 2.5% ad valorem.

The applicable subheading for MB115177 - Spacer, body mounting, MB419223 - Spacer, Wind, and MB550693 - Spacer, Assist Grip will be 8708.29.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories of bodies (including cabs) Other: OtherOther. The rate of duty will be 2.5% ad valorem.

The applicable subheading for MD735663 - Spacer, MD997795 - Spacer Set, A/T Diff Side Gear, and MB160671 - Spacer, Knuckle will be 8708.99.6700, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Other parts for power trains. The rate of duty will be 2.5% ad valorem.

The applicable subheading for MB350349 - Spacer will be 8708.99.7360, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Parts for steering systemsOther. The rate of duty will be 2.5% 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 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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