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NY M84042

June 28, 2006

CLA-2-84:RR:NC:1:102 M84042


TARIFF NO.: 8483.90.5000

Mr. Curtis W. Knauss
Neville Peterson LLP
17 State Street (19th Floor)
New York, NY 10004

RE: The tariff classification of a pin and sleeve assembly for a drive sprocket from China

Dear Mr. Knauss:

In your letter dated June 2, 2006 you requested a tariff classification ruling on behalf of your client Ameritek International.

The article in question is described as a “sleeve and pin” assembly used in specific models of tracked shovel loaders. You indicate that the sleeve and pin assembly is placed over a capscrew which is, in turn, inserted between the sprocket teeth of the driving wheel on either side of the shovel loader. You aver that the sleeve and pin assembly is properly classified in subheading 8431.49.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for the assembly as a part of the shovel loader. Descriptive literature was submitted.

Based on the information you have provided the sleeve and pin assembly is used in the assembly of individual sprocket teeth to produce the drive sprocket that ultimately drives the track of the shovel loader. Thus, while the sleeve and pin assembly is, prima facie, a part of the shovel loader, it is more specifically a part of the drive sprocket. Further, a sprocket is a gear or wheel with metal teeth that meshes with a chain or track. Heading 8483, HTSUS, provides for gears and gearing. Accordingly, we find that the sleeve and pin assembly is more specifically provided for in HTSUS heading 8483, as a part of the drive sprocket, than in HTSUS heading 8431, as a part of the shovel loader.

The applicable subheading for the sleeve and pin assembly will be 8483.90.5000, HTSUS, which provides for parts of gearing, gear boxes and other speed changers. The rate of duty will be 2.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.


Robert B. Swierupski

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