CLA-2 CO:R:C:G 085910 JMH
Ronald K. Kolins, Esq.
Moyle, Flanigan, Katz, FitzGerald & Sheehan, P.A.
9th Floor, Barnett Centre
625 North Flagler Drive
Post Office Box 3888
West Palm Beach, Florida 33402
RE: Cantilever bicycle brakes
Dear Mr. Kolins:
This is in response to your request of November 7, 1989, on
behalf of Dia-Compe, Inc. ("Dia-Compe") for a classification
ruling concerning cantilever bicycle brakes.
FACTS:
Dia-Compe is a producer, assembler and marketer of bicycle
caliper brakes, bicycle caliper brake sets, and bicycle caliper
brake parts which are imported from Japan. Bicycle caliper
brakes consist of a casing-enclosed cable which connects the
brake lever to the brake. The brake lever pulls against one
brake arm. The tension in the casing compresses the casing,
which in turn pushes against the opposite arm of the brake and
forces the brake against the rim.
Caliper brakes can be of two varieties. The first, the
side-pull variety, has the cable strung around a pivot bolt to
the rim which pulls on the side of the arm. The pivot point is
also the point of attachment to the frame. The second, the
center-pull variety, has the cable mounted from either the seat
bolt in the rear or a bracket mounted on the top of the front
steering head. The cable then extends to a cable carrier, which
connects to the ends of the two brake arms by a cross cable or
linkage. Two pivot bolts are mounted on a U-shaped bracket.
This bracket is attached to the frame at its center. The pivot
bolts are lower and close to the brake shoes on the U bracket,
which allows a greater application of force upon the brake shoes.
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You contend that the cantilever bike brake is also a form of
caliper brake. Cantilever brakes are a type of center-pull
brake. The brake shoes are attached to a bell-crank. The center
of the bell-crank has a pivot bolt which attaches to a boss that
is brazed or clamped directly onto the fork blade or rear seat
stay.
Caliper brakes are classified within heading 8714.94.20,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), as "Brakes, including coaster braking hubs and hub
brakes, and parts thereof...Caliper brakes..." The duty on these
brakes has been suspended under subheading 9902.87.14, HTSUSA.
You argue that cantilever brakes should be included within the
subheading for caliper brakes, and therefore, their duty would
also be suspended.
ISSUE:
Should cantilever brakes be included within the term
"Caliper brakes" under subheading 8714.94.20, HTSUSA?
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes..." Bicycle brakes are
classified within heading 8714, HTSUSA. Caliper brakes are
provided for eo nomine within subheading 8714.94.20, HTSUSA.
When defining the terms within each heading, this office
attempts to use the definitions of the trade or industry in
question. The term "caliper brakes" as defined by experts
within the bicycle industry covers various types of brakes of
both the side-pull and center-pull varieties. In biking
literature, the main distinction among the varieties of brakes
appears to be between side-pull and center-pull brakes. The
focus seems to be on how the cable is strung, not on the type or
size of brake arms or how the brake arms are attached to the
bicycle frame.
Within the biking industry cantilever brakes are referred to
as another type of center-pull brake. See D. de la Rosa & M.
Kolin, The Ten Speed Bicycle, p. 27 (1979); F. DeLong, DeLong's
GUIDE to Bicycles & Bicycling, p.113 (1978). The cantilever
brake is a type of center-pull brake that evolved as brake
technology advanced. Since the center-pull brake is among the
family of caliper brakes, it is the opinion of this office that
for classification purposes the cantilever brake, a center-pull
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brake, is also within the class of caliper brakes. Therefore,
cantilever brakes are properly classified within subheading
8714.94.20, HTSUSA.
HOLDING:
Cantilever brakes are considered to be within the class of
caliper brakes for classification purposes. They are properly
classified within subheading 8714.94.20, HTSUSA, as "Brakes,
including coaster braking hubs and hub brakes, and parts
thereof...Caliper brakes..."
Sincerely,
John Durant, Director
Commercial Rulings Division