CLA-2 CO:R:C:T 088630 JS
Sven Arntzen
Springer A/S
Anolitveien 16
P.O.Box 1314
N-1401 Ski, Norway
RE: "Springer"; bicycle accessory; dog harness/walker; metal,
nylon, plastic parts specially fitted for attachment to most
bikes; exercise; classifiable heading 8714, HTSUSA
Dear Mr. Arntzen:
This is in reference to your letter dated January 11, 1991,
requesting classification under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), of a unique product named
"Springer" to be imported from Norway.
FACTS:
A packaged sample of the merchandise at issue was provided
for our inspection. It is made up of several parts which fit
together and are intended for attachment to the frame of a
bicycle. The device is designed to hook up to the harness or
collar of a dog, so that the dog may be walked alongside the
owner while riding a bike.
The main parts, which you state are made of chrome plated
steel, include an angled "arm" and a rod measuring approximately
10 inches long which has a 5 inch coiled spring on one end and a
1 1/2 inch loop on the other; the standard nuts and bolts are
made of electroplated steel. In addition, there are several
plastic parts including a nylon hook, a nylon safety release, a
short nylon rope and three plastic inserts. The plastic hook and
the standard nuts and bolts (5 x 8mm) are purchased from Sweden;
all other parts are manufactured in Norway, including the
package.
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The literature enclosed with your request depicts numerous
photographs of dogs harnessed to the Springer which is attached
to a bicycle. Textual references are made to the Springer as
"the third hand on your bike"; one of the brochures points out
that Springer fits standard ladies' and men's bikes, and may be
dismounted and mounted in two seconds. The instruction manual
warns that care should be taken when using Springer since it
protrudes from the bicycle "and therefore represents to both you
and others on the road/path a risk in itself, just like other
bicycle accessories (emphasis added) such as luggage racks,
baskets, children's seats, trailers etc."
ISSUE:
What is the appropriate classification of a dog-walking
device designed to be attached to a bicycle, under the HTSUSA.
LAW AND ANALYSIS:
Classification of merchandise under the tariff is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section
or chapter notes.
Heading 8714, HTSUSA, provides for the parts and accessories
of vehicles of heading 8711 to 8713. Bicycles are vehicles of
heading 8712. The Explanatory Notes, the official interpretation
of the tariff at the international level, provide general notes
which guide classification analysis under the terms of the
heading. The relevant note states that
This Chapter also covers parts and accessories which are
identifiable as being suitable for use solely or principally
with the vehicles included therein, subject to the
provisions of the Notes to Section XVII.
General Note III of the general explanatory notes of Section
XVII defines the term "parts and accessories." It states that
the chapter headings refer only to those parts or accessories
which comply with all three of the following conditions:
(a) they must not be excluded by the terms of Note 2 to this
Section (see paragraph (A) below), and
(b) they must be suitable for use solely or principally with
the articles of Chapters 86 to 88 (see paragraph (B)
below), and
(c) they must not be more specifically included elsewhere in
the Nomenclature
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Part (2) of paragraph (A), which excludes parts of general
use as defined in Note 2 to Section XV, provides the only
possible exclusion of this merchandise. The various parts which
make up the Springer may be considered "parts of general use" as
defined in the note above (i.e. the nuts and bolts, the spring,
etc.) However, GRI 2(a) states that any reference in a heading
to an article shall also include a reference to that article
complete or finished, entered unassembled or disassembled. Thus,
reference to a "part or accessory" of the vehicles of heading
8714 encompasses the Springer itself, which is a complete
article forming a "part or accessory" of a bicycle. Importation
of this merchandise into the United States unassembled does not
disqualify the item as an article. The unassembled parts,
therefore, may not be considered separately, and Note 2 does not
serve to exclude the Springer from classification under this
heading.
The Springer is suitable for use solely or principally with
the articles of chapters 86 to 88. Chapter 87 provides for
bicycles, and it is clear from the sample, as well as the
literature provided, that this merchandise is in fact used solely
or principally with a bicycle. It is especially designed to fit
the frame of a bike with special clamps and bolts; it extends
outward to provide a safe distance between the animal and the
vehicle; the spring is constructed so as to reduce the jerking
and pulling of the animal while riding. In addition, the weight
and structure of the Springer prohibits its use as a manual aid
to walking a dog, or in any other way.
The present item is not more specifically included elsewhere
in the Nomenclature. Its unique character distinguishes it from
the items of other headings, and its function as a non-essential,
but specially fitted product, allow classification as an
accessory to bicycles of heading 8714. Heading 4201, which
provides for saddlery and harness of any animal, of any material,
has traditionally included goods characteristic of the leather
trade. Customs has ruled, however, that in order to be
classified as a product of chapter 42, an item must be
characteristic of the leather trade, regardless of the component
material. Since the Springer is not used as a trace or lead,
muzzle or harness of any kind, it is not considered an item
characteristic of the leather trade.
You also ask whether any special marking requirements apply
to the product which would necessitate a change in the present
marking. Without detailed information concerning how the
Springer parts are imported and sold and what method of marking
you propose, we cannot give you a ruling on the country of origin
marking requirements. However, the following information may be
helpful.
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Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304) provides, subject to specified exceptions, that every
article of foreign origin (or its container) imported into the
United States shall be legibly, conspicuously, and permanently
marked to indicate the country of origin to an ultimate purchaser
in the U.S. Part 134, Customs Regulations (19 CFR Part 134),
sets forth regulations implementing the country of origin marking
requirements and exceptions of 19 U.S.C. 1304. You indicate
that the country of origin of each of the parts is Norway, with
the exception of the plastic hook and the standard nuts and
bolts, which are made in Sweden. We note that none of the
submitted sample parts are marked to indicate their country of
origin as required by 19 U.S.C. 1304.
Each of the parts must be marked legibly, conspicuously and
permanently with its country of origin, with the exception of the
nuts and bolts, and the cord which are excepted from individual
marking under 19 U.S.C. 1304(a)(3)(J) and 19 CFR 134.33 (the
outermost container in which these articles ordinarily reach the
ultimate purchaser is required to be marked with the country of
origin of these articles).
If the parts comprising the Springer are imported and sold
in a sealed container and the container is marked to indicate the
country of origin of its contents, an exception from marking the
country of origin on the parts themselves may apply. See 19
U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d) (articles for which the
marking of the container will reasonably indicate the country of
origin may be excepted from individual marking). However, the
parts which are marked "patented in Europe and North America"
must satisfy the requirements of 19 CFR 134.46 whether or not the
parts are imported and sold in a sealed box. If the Springer
parts will be repacked in the U.S., the requirements of either 19
CFR 134.26 or 19 CFR 134 may apply. A copy of 19 CFR Part 134 is
enclosed. If, after reviewing the pertinent provisions you
require further information, please let us know.
HOLDING:
The merchandise at issue is classified under subheading
8714.99.9000, HTSUSA, which provides for parts and accessories
of vehicles of headings 8711 to 8713: other: other: other,
dutiable at the rate of 10 percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
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restraint (quota/visa) categories, your client should contact
its local Customs office prior to importation of this
merchandise to determine the current status of any import
restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division