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NY L81734




January 18, 2005

CLA-2-87:RR:NC:MM:101 L81734

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.39.5030

Mr. Brian F. Walsh
Barnes, Richardson & Colburn
303 East Wacker Drive
Suite 1100
Chicago, Il 60601

RE: The tariff classification of All Terrain Vehicle Brake Disc Rotors from Japan

Dear Mr. Walsh:

In your letter dated December 13, 2004 you requested a tariff classification ruling on behalf of Sunnex, Inc.

You did not submit any samples or literature. The brake disc rotors will be incorporated into All Terrain Vehicles (ATVs) that are single driver models, such as the Honda-Rincon, Kawasaki-KV700 and Yamaha-Grizzly YMF600 used for recreation, hunting and farming. They are 4-wheeled vehicles with handlebar steering, 4-wheel drive capacity and an engine capacity between 650 and 700 cc.

The applicable subheading for the All Terrain Vehicle Brake Disc Rotors will be 8708.39.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Brakes and servo-brakes and parts thereof: Other: For other vehiclesBrake rotors (discs). The rate of duty will be 2.5% 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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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