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NY G85205

January 4, 2001

CLA-2-1:RR:NC:1:103 G85205


TARIFF NO.: 8485.90.0080

Mr. Mark S. Cooper
Cooper Brokerage & Forwarding, Inc.
PO Box 416
Milton, WV 25541

RE: The tariff classification of a tensioner from South Africa

Dear Mr. Cooper:

In your letter dated December 8, 2000 on behalf of Caspian Holdings of Delaware, Inc. you requested a tariff classification ruling.

With your inquiry you submitted a sample of a stainless steel tensioner, as well as a drawing depicting its components. The tensioner is used on chain or belt drives which require a certain amount of tension to be placed on the belt or chain. The main body of the L-shaped tensioner contains a mounting bolt for permanently attaching the device to a housing or mounting plate, a positioning notch, a shock absorbing rubber insert, and tension angle markings. Attached to the main body at a right angle is a flat bar with two mounting holes. The bar is manually turned to the desired angle, up to a maximum of 30 degrees, in order to tension the chain or belt, after which the flat bar is bolted to the chain sprocket or belt pulley. According to your letter the tensioner can be used in any machine which utilizes a chain or belt drive.

The applicable subheading for the tensioner will be 8485.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, and not specified or included elsewhere (in chapter 84): other: other. The rate of duty will be 3.9 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 Alan Horowitz 212-637-7027


Robert B. Swierupski

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