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NY N026032




April 21, 2008

CLA-2-84:OT:RR:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 8409.91.5080

Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of rocker arm assembly clip from France

Dear Mr. Reynolds:

In your letter dated April 8, 2008, on behalf of your client Timken Company of Canton, Ohio, you requested a tariff classification ruling on rocker arm assembly clips. You submitted descriptive literature and a sample with your request.

The rocker arm assembly clip is utilized within an automobile’s spark ignition combustion engine. The clip is only used to connect two (2) components, the finger follower and lash adjuster, together as they are installed in the engine. It locks onto the lash adjuster shaft, and then wraps around the back of the finger follower so that both components can be picked up by hand, or machine. You state in your Ruling Request that the clip remains intact as part of the assembly following installation, but no longer acts to clip the assembly together, but does stay “clipped” to the components for the life of the engine.

The applicable subheading for the rocker arm assembly clip will be 8409.91.5080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts suitable for use solely.withengines: Other: Suitable for usewith spark-ignition internal combustion piston engines: Other: Other”. The rate of duty will be 2.5%.

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 Mark Palasek at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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