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NY K86930




June 28, 2004
CLA-2-84:RR:NC:1:102 K86930

CATEGORY: CLASSIFICATION

TARIFF NO.: 8483.10.5000

Mr. Craig M. Schau
Menlo Worldwide Trade Services
6940 Engle Road (Suite A)
Middleburg Heights, OH 44130

RE: The tariff classification of shafts for hydraulic transmissions from China

Dear Mr. Schau:

In your letter dated June 10, 2004 you requested a tariff classification ruling on behalf of your client Hydro-Gear.

The articles in question are four shafts used in the hydraulic transmission of a riding lawn mower/tractor. The shafts are identified as a motor shaft, product number 50966, an input shaft, product number 51062, and axle shafts, product numbers 51068 and 51067. In your request you offer that the shafts are provided for in subheading 8433.90.5040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of mowers.

Examination of the samples you have submitted reveals that the subject shafts feature splining and/or keways that allow them to transmit power within the transmission assembly. We find that the shafts are specifically provided for in HTSUS heading 8483 as transmission shafts.

HTSUS heading 8483 and 8433 are within section XVI of the tariff and the notes to that section apply to the shafts. Section XVI, Note 2(a), HTSUS, provides that parts of machines, such as the mowers of HTSUS heading 8433, which are goods included in any of the headings of chapter 84 are in all cases to be classified in their respective headings. While the shafts are provided for as parts of goods, i.e., mowers, in HTSUS heading 8433, because they are goods included in heading 8483, they must be classified in HTSUS heading 8483.

The applicable subheading for the shafts will be 8483.10.5000, HTSUS, which provides for other transmission shafts. The rate of duty is 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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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