The tariff classification of a magnet spring from Germany

N114776 July 20, 2010 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8503.00.9520 Kevin Hardy Associated Fuel Pump Systems Corporation 1100 Scotts Bridge Road P.O. Box 1326 Anderson, SC 29622 RE: The tariff classification of a magnet spring from Germany Dear Mr. Hardy: In your letter received by this office on July 5, 2010, you requested a tariff classification ruling. The item concerned is referred to as a magnet spring (AF064295-8080). It is produced by cold drawing stainless steel wire. The magnet spring is used within the motor assembly of a fuel pump. The spring fits between the 2 magnets of a fuel pump motor. It is used to apply force against the sides of the magnets to hold them in place against the inside of the motor housing. The fuel pump motor is a brushed, DC motor, with a maximum power output of 100 watts. You assert in your letter that the magnet spring should be classified in subheading 8302.30.3060, HTSUS, which provides for base metal mountings, fittings and similar articles suitable for motor vehicles. This office, however, disagrees. Since the magnet clip is used in the motor assembly of a fuel pump, it is provided for in Chapter 85. Legal Note 1 (f) to Section XV indicates that Section XV, which includes Chapter 83, excludes articles of section XVI (machinery, mechanical appliances and electrical goods). Consequently, the magnet spring is precluded from classification within heading 8302. The applicable subheading for the magnet spring (AF064295-8080) will be 8503.00.9520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts suitable for use solely or principally with the machines of heading 8501 or 8502: Other: Other: Parts of motors”. The rate of duty will be 3%. 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 Steven Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division