CLA-2 CO:R:C:G 086940 CMS
8512.90.60
Mr. John J. Scanlon, Jr., Esq.
Kemp, Smith, Duncan & Hammond
P.O. Drawer 2800
El Paso, Texas 79999-2800
RE: Reconsideration of HQ Ruling 083290 (November 8, 1989);
Automobile Wiring Harnesses Consisting Of Insulated Wires And
Lamp Sockets, Entered With And Without Lamps; Light Bulbs;
Electric Conductors; Electric Connectors; Motor Vehicle
Lighting Equipment
Dear Mr. Scanlon,
This is in response to your correspondence dated April 6,
1989, on behalf of United Technologies Automotive, Inc., in which
you requested reconsideration of HQ Ruling 083290 (November 8,
1989) which classified certain automobile wiring harnesses. Our
ruling follows:
FACTS:
The merchandise consists of motor vehicle wiring harnesses.
The harnesses are comprised of insulated wires fitted with lamp
sockets. Some harnesses are entered with lamps in their sockets
and some are entered without lamps. After importation the
harnesses are installed in light trucks and passenger motor
vehicles. The articles conduct current to the headlights,
taillights, dashboard lamps, interior lamps, and other
illumination and signalling fixtures.
HQ Ruling 083290 classified the wiring harnesses entered
with and without lamps as insulated wire fitted with connectors
in Heading 8544.
ISSUE:
Are the wiring harnesses classified as insulated wire
fitted with connectors in Heading 8544, parts of electrical
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lighting and signalling equipment for vehicles in Heading 8512 or
parts of motor vehicles in Heading 8708?
LAW AND ANALYSIS:
The wiring harnesses consisting of insulated wires fitted
with connectors and not entered with lamps are described by
Heading 8544. Heading 8544 in pertinent part specifically
describes insulated wire fitted with connectors. The Explanatory
Notes to Heading 8544, p. 1404 provide that sockets are
considered to be Heading 8544 "connectors"; the Notes state:
"[w]ire, cable, etc., remain classified in this heading if cut to
length or fitted with connectors (e.g., plugs, sockets..."
(emphasis added). (See also Explanatory Notes to Heading 8536,
p. 1390, which provide that lamp sockets and lamp holders are
apparatus for making electrical connections, and that
"...sockets, etc., assembled with a length of wire are excluded
(heading 85.44)" (emphasis in original).
Assuming, arguendo, that the harnesses without lamps are
also described by Heading 8512 as electrical lighting or
signalling equipment for motor vehicles, the harnesses are more
specifically described as insulated wire with connectors in
Heading 8544. (Even the Explanatory Notes to Heading 8512, p.
1350 exclude from the heading "[i]nsulated electric wire and
cable, whether or not cut to length or fitted with connectors or
made up in sets (e.g., ignition wiring sets)(heading 85.44)"
(emphasis in original)).
HQ Ruling 083290 correctly held that the wiring harnesses
entered without lamps are classified as insulated wire fitted
with connectors, other wiring sets of a kind used in vehicles, in
8544.30.00, HTSUSA.
The wiring harnesses fitted with lamps are not described by
Heading 8544. The lamps are not "connectors". The harnesses
fitted with lamps are simply not described as Heading 8544
insulated wire fitted with connectors.
Heading 8512 in pertinent part describes electrical lighting
or signalling equipment of a kind used on motor vehicles, and
parts thereof. Heading 8539 lamps are specifically excluded by
the Heading 8512 article description. The Explanatory Notes to
Heading 8512, p. 1350, provide that insulated wire with
connectors are also excluded. However, there is no exclusion
in the Heading 8512 article description or Explanatory Notes for
assemblies of insulated wire and lamps. In fact, the Explanatory
Notes to Heading 8512, p. 1350 provide for some lighting
equipment which is fitted with wire or cable (e.g., "search-lamps
of a kind used on police cars or the like (including those which,
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attached to a length of cable, can be used as hand lamps or can
be placed on the road)).
The wiring harnesses fitted with lamps do not have the
essential character of complete vehicle lighting equipment
because they do not incorporate a reflective casing or lens with
which vehicle lighting wiring harnesses fitted with lamps
typically operate. The harnesses fitted with lamps are suitable
for use solely or principally as parts of vehicle lighting
equipment. Pursuant to Section XVI Note 2(b), the articles are
classified as parts of vehicle lighting equipment, in 8512.90.60,
HTSUSA.
HOLDING:
HQ Ruling 083290 (November 8, 1989) correctly held that the
wiring harnesses entered without lamps are classified as
insulated wire with connectors, other wiring sets of a kind used
in vehicles, in 8544.30.00, HTSUSA; HQ Ruling 083290 is affirmed
as it relates to the wiring harnesses entered without lamps. HQ
Ruling 083290 is modified to provide that the wiring harnesses
entered with lamps are classified as parts of electrical lighting
equipment of a kind used for motor vehicles, in 8512.90.60,
HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division