CLA-2 CO:R:C:M 954581 RFA
Mr. Claude Humeau
Crouzet Corporation
P.O. Box 870517
Dallas, TX 75287
RE: Oven Latch Assembly; Electric Motors; Parts of Ovens;
Control Panel; headings 8501, 8516; ENs 85.01, 85.37;
Section XVI, Note 2(a); HQs 086832, 088726, 952500, 950834
Dear Mr. Humeau:
This is in response to your letter dated June 30, 1993,
requesting the tariff classification of an oven latch assembly
under the Harmonized Tariff Schedule of the United States
(HTSUS). We are treating your letter as a request for a
prospective ruling according to section 177.1 of the Customs
Regulations [19 CFR 177.1].
FACTS:
The subject merchandise, an oven latch assembly, consists of
a mounting bracket, an electric motor, a cam shaft, and two or
three switches. The assembly is used to operate an oven during
automatic cleaning by pyrolysis, when the grease and dirt are
baked off the interior oven walls by intense heat. It is
necessary to keep the oven door closed during such cleaning to
prevent an explosion. When the motor is actuated, the cam
rotates, pulling the rod of the latch, activating the oven's "on"
switch, and turns the motor off. Inside the oven an independent
timer turns the oven "off" after two hours. After the oven
cools, a thermostat activates the electric motor to open the
latch. Despite the fact that the merchandise is called a latch
assembly, there is no latch attached to the item in its imported
condition.
ISSUE:
Whether the oven latch assembly is classifiable as a part of
an oven or as an electric motor or as a control panel under the
HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
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.
Customs in Laredo, Texas, advised you that the merchandise
should be classified as an electric motor under heading 8501,
HTSUS. However, you contend that the oven latch assembly is
provided for as parts of ovens under heading 8516, HTSUS.
Section XVI, note 2 provides as follows:
Parts of machines (not being parts of the articles of
heading No. 84.84, 85.44, 85.45, 85.46 or 85.47) are to
be classified according to the following rules:
(a) Parts which are goods included in any of the
headings of Chapter 84 and 85 (other than headings
No. 84.85 and 85.48) are in all cases to be
classified in their respective headings;
(b) Other parts, if suitable for use solely or
principally with a particular kind of machine, or
with a number of machines of the same heading
(including a machine of heading No. 84.79 or
85.43) are to be classified with the machines of
that kind. However, parts which are equally
suitable for use principally with the goods of
headings No. 85.17 and 85.25 to 85.28 are to be
classified in heading 85.17;
(c) All other parts are to be classified in heading
No. 84.85 or 85.48.
According to Section XVI, Note 2(a), if the latch assembly is
specifically provided for in a heading within chapters 84 or 85,
it must be classified in that heading.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Cooperation
Council's official interpretation of the HTSUS. While not
legally binding, the ENs provide a commentary on the scope of
each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings. EN 85.01(I)(A), page
1334, states that "[m]otors remain classified here even when they
are equipped with pulleys, with gears or gear boxes, or with a
flexible shaft for operating hand tools."
Customs has consistently held that a motor remains a motor
for tariff purposes despite having other articles attached.
These other articles can be quite substantial. See HQ 088726 (May
29, 1991) and HQ 086832 (May 21, 1990). When confronted with an
assembly incorporating a motor which includes additional
components other than those listed in EN 85.01, Customs will
follow the guidelines set forth in HQ 950834, dated March 6,
1992, in which we stated the following:
An electric motor is classifiable under heading 8501,
HTSUS, even when imported with additional components
(other than those listed in Explanatory Note 85.01) if:
(1) those additional components complement the
function of the motor [HQ 083955];
(2) those additional components are devices which
motors are commonly equipped [HQ 087909];
(3) those additional components serve merely to transmit
the power the motors produce [HQ 950557].
Attached to the electric motor is a cam and two or three
switches. While the cam may complement the function of the
motor, we find that the addition of the switches are devices
which are not commonly equipped on electric motors. The switches
do not complement the function of the motor nor do they serve
merely to transmit the power the motor produces. One of the
switches is used to control the "clean" circuits. The second
switch is used to control the "on/off" operation of the latch
motor. Therefore, we find that the oven latch assembly is not
provided for in heading 8501, HTSUS, as electrical motors.
While the oven latch assembly does contain a motor, its
ultimate function is to operate the oven for purposes of
cleaning. Heading 8537, HTSUS, provides for "[b]oards, panels
(including numerical control panels), consoles, desks, cabinets
and other bases, equipped with two or more apparatus of heading
8535 or 8536, for electric control or the distribution of
electricity. . . ." EN 85.37, page 1391, provides as follows:
These consist of an assembly of apparatus of the kind
referred to in the two preceding headings (e.g.,
switches and fuses) on a board, panel, console, etc.,
or mounted in a cabinet, desk, etc. They usually also
incorporate meters, and sometimes also subsidiary
apparatus such as transformers, valves, voltage
regulators, rheostats or luminous circuit diagrams.
The goods of this heading vary from small switchboards
with only a few switches, fuses, etc. (e.g., for
lighting installations) to complex control panels for
machine-tools, rolling mills, power stations, radio
stations, etc., . . . .
Headings 8535 and 8536, HTSUS, provide for "[e]lectrical
apparatus for switching or protecting electrical circuits, or for
making connections to or in electrical circuits (for example,
switches, fuses, lightning arresters, voltage limiters, surge
suppressors, plugs, junction boxes). . . ." We find that the
oven latch assembly is a control panel incorporating two or more
apparatus of headings 8535 or 8536, HTSUS. The oven latch
assembly controls the oven door latch during the oven's cleaning
function. Therefore, the oven latch assembly is classifiable as
a control panel under subheading 8537.10.00, HTSUS.
Customs does not dispute your contention that the oven latch
assembly is a part of an oven. However, based upon the above
analysis and Section XVI, Note 2(a), we find that classification
under heading 8516, HTSUS, is inapplicable.
HOLDING:
The oven latch assembly for ovens is classifiable under
subheading 8537.10.00, HTSUS, which provides for "[b]oards,
panels (including numerical control panels), consoles, desks,
cabinets and other bases, equipped with two or more apparatus of
heading 8535 or 8536, for electric control or the distribution of
electricity. . .: [f]or a voltage not exceeding 1,000 V. . . ."
The column one, general rate of duty is 5.3 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
cc: I.S. Rene P. Leyendecker
U.S. Customs Service
Lincoln Juarez Bridge
P.O. Box 3130
Laredo, TX 78044-3130