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NY R00264

April 22, 2004
CLA-2-87:RR:NC:MM:101 R00264


TARIFF NO.: 8505.90.8000, 8708.29.5060

Mr. Ralph Garcia
Mitsubishi Motors North America, Inc.
6400 Katella Avenue
Cypress, California 90630

RE: The tariff classification of a “Servo Kit, Throttle Body Idle” and a “Reflector Lens Kit” from Japan

Dear Mr. Garcia:

In your letter dated April 7, 2004 you requested a tariff classification ruling.

You submitted technical information on a “Servo Kit, Throttle Body Idle” - Part Number MD628051, and a “Reflector Lens Kit” - Part Number MR439715. Both items are replacement service automobile parts.

The Servo Kit, Throttle Body Idle, part number MD628051, consists of a solenoid, a rubber “O” ring, and a screw. The solenoid is comprised of a ferromagnetic core within a cylindrical wire coil. When the coil is energized, the magnetic field created around the coil forces the core into movement. The kit is mounted on the throttle body of an engine and regulates the revolutions per minute when the engine is at idle.

The Reflector Kit, Part Number MR439715, is comprised of a molded plastic reflective lens, a plastic clip and a screw. The Reflector mounts on the rear bumper of certain Mitsubishi vehicles and it does not utilize a light source from the vehicle. The lens is not mounted onto a lamp or any other light source. The purpose of the lens is to alert people of the presence of the vehicle by reflecting light from external light sources, such as other vehicle headlights and the sun. The lens is mounted on a plastic bezel and when mounted resembles a turn signal lamp.

The applicable subheading for the Servo Kit, Throttle Body Idle, part number MD628051, will be 8505.90.8000, Harmonized Tariff Schedule of the United States, which provides for electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization: : Other: Other. The rate of duty will be 1.3 percent ad valorem.

Your have suggested classification under subheading 8543.89.9695, HTS. Since heading 8505 is a more specific provision within Chapter 85, classification under subheading 8543.89.9695, HTS, is precluded.

The applicable subheading for the Reflector Kit, Part Number MR439715 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 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 (the Reflector Kit), contact National Import Specialist Robert DeSoucey at 646-733-3008. If you have any questions regarding the ruling (the Servo Kit, Throttle Body Idle) contact National Import Specialist David Curran at 646-733-3017.


Robert B. Swierupski

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