CLA-2 CO:R:CV:G 085698 JLV
District Director of Customs
P.O. Box 9516
El Paso, Texas 79985
RE: Internal Advice 42-89; wiring harness for electric range;
insulated electrical conductors fitted with connectors,
relays, indicator lamps, thermostats, or dampeners
Dear Sir:
In a memorandum of May 22, 1989, you forwarded a request
from Rudolph Miles and Sons, El Paso Texas (submitted on
behalf of their client, General Electric Company), in which
they ask that you seek advice under section 177.11 of the
Customs Regulations (19 CFR 177.11) on the classification of
wiring harnesses for electric ranges. Samples were submitted.
Our decision follows.
FACTS:
The merchandise consists of insulated wires which have
been (1) cut to various lengths, (2) assembled into different
combinations of wires for use as wiring harnesses in electric
ranges and microwave ovens, (3) fitted, for the most part,
with female blade or pin connectors, and (4) joined with one
or more of the following electrical components: indicator
lamp, relay, thermostat, switch, or acoustical dampener. Six
samples were received as examples of the types of assemblies
that are imported: assembly nos. 164D9041G003 (harness, 2
indicator lamps, and 1 fuse), 164D9065G002 (harness, 2 relays
mounted on a bracket), 164D9068G004 (harness, 5 indicator
lamps, 1 thermostat, and 1 fuse), 164D9111G001 (harness, 1
indicator lamp, and 1 switch), 205C1178G001 (harness, 3 relays
mounted on a bracket), and a sixth assembly (no number;
harness, 3 relays mounted on a bracket, and 1 dampener).
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The importer concludes that these wiring harnesses with
electrical components are classified as parts of electric
ranges (or microwave ovens) on the basis of legal note 2(a),
section XVI, as directed by General Rule of Interpretation 1
(GRI 1), Harmonized Tariff Schedule (HTSUSA), because heading
8516 provides for these articles and their parts. It is your
position, however, that all of the merchandise falls within
the terms of heading 8544, HTSUSA, and, therefore, is
classified in that heading on the basis of legal note 2(a),
the same one cited by the importer.
ISSUE:
Do the assemblies of insulated electrical conductors and
electrical components fall within the terms of heading 8544,
8536, 8539 or any other heading of chapter 84 or 85, HTSUSA,
and the relative section XVI notes?
LAW AND ANALYSIS:
The terms of heading 8544 relate, in pertinent part, to
insulated electrical conductors, whether or not fitted with
connectors. Neither the terms of the heading nor the
Explanatory Notes (EN) to heading 85.44 consider the condition
of these conductors when further assembled or joined with
electrical components other than connectors. Similarly, the
terms of headings 8536 (electrical apparatus for switching or
protecting electrical circuits, or for making connections to
or in electrical circuits, such as switches, relays, fuses,
surge protectors) and 8539 (electrical filament or discharge
lamps) and the EN to headings 85.36 and 85.39 are silent as to
whether the terms of the headings are intended to apply to
these articles when assembled or joined with wiring harnesses.
We have ruled on the classification of similar
merchandise. In a ruling letter of August 6, 1990 (file
086940), we held that certain automotive wiring harnesses
consisting of insulated wire, lamp sockets and lamps were
classified as parts of automotive lighting equipment in
subheading 8512.90.60, HTSUSA, pursuant to legal note 2(b) of
section XVI, HTSUSA (modifying our ruling letter of November
8, 1989, file 083290, in which we had held that similar
harnesses were classified in subheading 8544.30.00 as
composite machines or functional units pursuant to legal notes
3 and 4 of section XVI).
In a ruling letter of August 10, 1989 (file 082793),
automotive wiring harnesses, if assembled with light bulbs,
were classified in subheading 8544.30.00, HTSUSA, but under
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the rationale that GRI 3(b) applied. In view of the ruling of
August 6, 1990 (file 086940), and for the reasons that follow
concerning the assemblies of wiring harnesses and electrical
components other than connectors, our ruling letter of August
10, 1989 (file 082793), is revoked in part.
Based on the statements of fact submitted by the
importer, the assemblies are specifically designed for use in
certain electric ranges and microwave ovens and, as such, are
suitable for use solely with these appliances of heading 8515,
HTSUSA. These are parts of the appliances. Legal note 2,
section XVI, directs classification of parts as follows:
2. Subject to Note 1 to this Section,
Note 1 to Chapter 84 and Note 1 to
Chapter 85, parts of machines * * *
are to be classified according to the
following rules:
(a) Parts which are goods included in
any of the headings of Chapters 84 and
85 * * * 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 * * * are
to be classified with the machines of
that kind * * * * *
Contrary to the position taken by the importer, legal note
2(a) of section XVI applies to parts which, by virtue of the
fact that they are articles specifically covered by headings
of section XVI, are classified in their respective headings.
A parts heading or the inclusion of a provision for parts in a
heading (such as in heading 8516), do not constitute the
"specific" headings within the meaning of legal note 2(a).
The assemblies are not classified in any of the specific
headings of chapter 85 solely by the terms of the headings in
issue. However, if the terms of a heading apply to the
assemblies because they are composite machines or functional
units under legal note 3 or legal note 4, section XVI, HTSUSA,
then legal note 3 or 4 could be considered as a relative
section note under GRI 1. Therefore, these assemblies which
are also "parts" of ranges and ovens could be subject to legal
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note 2(a) on the classification of parts of machines of
chapter 85. Legal notes 3 and 4 to section XVI are:
3. Unless the context otherwise requires,
composite machines consisting of two
or more machines fitted together to
form a whole and other machines
adapted for the purpose of performing
two or more complementary or
alternative functions are to be
classified as if consisting only of
that component or as being that
machine which performs the principal
function.
4. Where a machine (including a
combination of machines) consists of
individual components (whether
separate or interconnected by piping,
by transmission devices, by electric
cables or by other devices) intended
to contribute together to a clearly
defined function covered by one of the
headings in Chapter 84 or Chapter 85,
then the whole falls to be classified
in the heading appropriate to that
function.
A machine is defined in legal note 5, section XVI:
5. For the purposes of these Notes, the
expression "machine" means any
machine, machinery, plant, equipment,
apparatus or appliance cited in the
headings of Chapter 84 or 85.
First, the assembly of a wiring harness and one or more
electrical components does not constitute a composite machine
because these articles are merely coupled (connected by
electrical connectors) together. They are not "fitted
together to form a whole" because they are not incorporated
one in the other or mounted one on the other, or mounted on a
common base or frame or in a common housing so as to be
permanently attached. Eventually, each assembly will be
incorporated into a common housing, an appliance. But the
articles, as imported, are merely two components plugged
together. Furthermore, even if the wiring and switches or
bulbs were to be considered "fitted together" within the
meaning of legal note 3, they do not form a "whole" for the
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purpose of performing two or more complementary or alternative
functions. Without the completion of the assembly by adding
the remaining electrical components with which the wiring
harness and the relays, switches, or light bulbs are intended
to function, the assembly is, as imported, an incomplete
article which lacks identifiable complementary or alternative
functions.
Second, the assembly is not a combination of individual
components "intended to contribute together to a clearly
defined function" covered by one of the headings in chapter 84
or chapter 85. The EN to legal note 4 of section XVI 4 refers
to a combination of machines and components which are
"essential to the function specific to the functional unit as
a whole[.]" The assembly is incomplete. In such a case we
cannot determine the function of the whole because, in its
condition as imported, each assembly lacks components which
are essential to the identity of the function of the whole.
Therefore, a "clearly defined function" for the incomplete
article cannot be determined.
Because the assemblies are not composite machines or
functional units within legal notes 3 and 4, section XVI,
HTSUSA, the assemblies do not constitute articles covered by a
specific heading of chapter 84 or 85. However, legal note
2(b) of section XVI, HTSUSA, directs classification of parts
which are suitable for use solely or principally with a
particular kind of machine. In this case, the assemblies are
suitable for use solely with electric ranges and microwave
ovens which are electrothermic articles of a kind used for
domestic purposes, of heading 8516, and, therefore, are
classified as parts of these articles. Classification,
therefore, is under GRI 1 as required by the relative legal
note 2(b) of section XVI, HTSUSA.
HOLDING:
The assemblies of wiring harnesses and electrical
components for electric ranges or microwave ovens, as
described in the facts of this case, are classified as parts
of the electrothermic devices for which they are solely or
principally suitable for use. The assemblies for electric
ranges are classified in subheading 8516.90.20, HTSUSA. The
assemblies for microwave ovens are classified in subheading
8516.90.60, HTSUSA.
Ruling letter of August 10, 1989 (file 082793), is
revoked in that part concerning the classification of
assemblies of wiring harnesses and light bulbs or components
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other than connectors. The automotive wiring harnesses
consisting of insulated wire, lamp sockets, and lamps are
classified as parts of automotive lighting equipment in
subheading 8512.90.60, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NY Seaport
2cc: Chief, CIE
1cc: RC, SW Region
1cc: AC, CO
1cc: Reading File
1cc: Dir, OTO
1cc: Dir, CommRulDiv
LIBRARY: valentin
FILE NAME: 085698