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NY I88814

December 16, 2002

CLA-2-84:RR:NC:1:103 I88814


TARIFF NO.: 8477.90.8510

Mr. Carlos Ortega
Nissei America, Inc.
1480 North Hancock St.
Anaheim, CA 92807

RE: The tariff classification of plastic molding machine brackets from Japan

Dear Mr. Ortega:

In your letter dated November 22, 2002 you requested a tariff classification ruling.

With your inquiry you submitted pictures of four brackets designated as part numbers 188103031-00, 43542E721-02, 47758E484-02, and 47126E780-01. These brackets are used as components of plastic injection molding machines. They are made of steel and hold panel switches and other articles at various locations within the molding machine. According to your letter, due to their shape and size the brackets can only be used as components of the injection molding machines made by Nissei Plastic Industrial Co., Ltd. in Japan.

In Ruling Letter HQ 952019 of March 18, 1993 the Customs Service held that certain brackets which were designed and engineered for use with forklift trucks were not parts of general use and were not classifiable as brackets of subheading 8302.50.00, Harmonized Tariff Schedule of the United States (HTS). Rather, in accordance with note 2(b) to Section XVI, HTS, it was determined that these brackets were classified as parts of forklift trucks. Similarly, the brackets under consideration are not parts of general use, but are suitable for use solely with plastic injection molding machines. Accordingly, the applicable subheading for the brackets described above will be 8477.90.8510, HTS, which provides for other parts of plastic injection-molding machines: other: other. The rate of duty will be 3.1 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 at 646-733-3010.


Robert B. Swierupski

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