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NY L80550

November 17, 2004

CLA-2-87:RR:NC:MM:101 L80550


TARIFF NO.: 8409.91.5080, 8708.99.7360, 8714.19.0060

Mr. Jesse Pangilinan
BMW of North America
P.O. Box 1227
Westwood, New Jersey 07675-1227

RE: The tariff classification of automobile and motorcycle connectors and gaskets from Germany

Dear Mr. Pangilinan:

In your letter dated October 15, 2004 you requested a tariff classification ruling.

You submitted samples as well as technical drawings (EPC diagrams from your dealer Electronic Parts Catalog) for five different automobile and motorcycle parts.

Item #1 – Part Number 11111270350 – is a sintered metal connector that has two sides. One end is threaded to fasten the piece to the engine block. The other end is used to connect a rubber hose that introduces water to the upper gears to cool the automobile engine. In the middle of this is a six-sided nut to facilitate screwing this connector to the engine.

Item #2 – Part Number 11141435023 – is a combination part consisting of a plastic outer housing with a rubber gasket used as a ventilating valve for the upper timing gears for an automobile.

Item #3 – Part Number 17221342040 – is an iron and zinc pipe used on the oil cooling system of motorcycles so that the oil flows from the left side of the oil cooler to the engine. You state that the technical drawing submitted for this item refers to Part Number 1 341 745 and that there is no technical drawing available for the submitted sample (Part Number 17221342040). Part Number 1 341 745 is identical to the article under review.

Item #4 – Part Number 17221342754 – is a metal connector made of two sides of differing lengths. One side is approximately 1 ¼” in length and fastens the connector to the left oil cooler of a motorcycle. The other side is ¼” long and is used to connect the oil pipe inlet that is coming from the right side oil cooler. The two sides are separated by a ¼” oval shaped flange that houses an opening for a screw on each side of the flange. You state that the EPC diagram does not depict the actual sample part provided because the part has been modified but the EPC diagram has not been updated to reflect the modification.

Item #5 – Part Number 32411121531 – is a metal elbow with a zinc surface used to connect the steering oil reservoir hose to the hydraulic box in the automobile’s steering system. The elbow connector facilitates the flow of the steering fluid from the reservoir to the hydraulic box.

The applicable subheading for Item #1 – metal connector will be 8409.91.5080, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts suitably 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 duty rate will be 2.5% ad valorem.

The applicable subheading for Item #3 – Pipe and Item #4 - Connector will be 8714.19.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of vehicles of headings 8711 to 8713: Of motorcycles (including mopeds): OtherOther. The duty rate will be Free.

The applicable subheading for Item #5 - Elbow will be 8708.99.7360, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Parts for steering systemsOther. The duty rate will be 2.5% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Item #2 – Plastic and Rubber Gasket. Your request for a classification ruling should include the following information. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. We are retaining your samples in this office pending resubmission of your ruling request.

You describe the Plastic and Rubber Gasket as functioning like a valve. Please describe in detail how this product operates like a valve.

You indicate that the Gasket consists of a plastic outer ring and a rubber gasket. In a telephone conversation with this office you indicated that you could not identify the exact material which you refer to as rubber. This office cannot classify the product without sufficient details about the composition of the material to determine whether it meets the tariff definition of synthetic rubber in Note 4(a) of Chapter 40, HTS. The note describes synthetic rubber as "unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non- thermoplastic substances which, at a temperature between 18 and 29 degrees C, will not break on being extended to three times their original length, and will return, after being extended to twice their a original length, within a period of 5 minutes, to a length not greater than 1 1/2 times their original length."

Sometimes the name of the material or a breakdown by weight of the components is sufficient for us to make this determination. If the information is not sufficient, then this office needs twelve cross-linked dumbbell-shaped specimens for testing and verification. For purposes of this test, substances necessary for the cross-linking, such as vulcanizing activators or accelerators, may be added; the presence of substances as provided for by Chapter 40 note 5(b)(ii) and (iii) is also permitted. However, the presence of any substances not necessary for the cross-linking, such as extenders, plasticizers and fillers, is not permitted. Submit samples prepared as described above, accompanied by the compounding recipe and the percent by weight of all ingredients.

If you have questions about the information needed to determine if the material in the gasket is rubber or plastic for tariff classification purposes, please contact National Import Specialist Joan Mazzola at 646-733-3023.

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 (Items #1, 3, 4, and 5) contact National Import Specialist Robert DeSoucey at 646-733-3008.


Robert B. Swierupski

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