CLA-2 CO:R:C:G 086396 TLS
Mr. John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Avenue
Philadelphia, Pennsylvania 19153
RE: Headlamp adjusting screw
Dear Mr. Slagle:
Your letter of December 14, 1989 to our New York office
requested a ruling on the proper tariff classification of a
headlamp adjusting screw under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA). It has been referred to
this office for reply.
FACTS:
The headlamp adjusting screw consists of a screw with a head
socket (designed in the fashion as a Phillips screwdriver head)
and a nylon housing. The screw is made of metal and has
dimensions of 1/4-28x2. The nylon housing is designed with an
intake hole for the screw which is flanked on two sides by
panels. The panels assist in holding the screw at a fixed point.
The screw and nylon housing are fitted together permanently
as one unit and are imported and sold as such. The unit is used
to adjust the headlight beam of a passenger vehicle. It is
designed to fit all Cadillac automobile models from 1969 to 1981
model years, except for the Eldorado.
ISSUE:
Under which of the following HTSUSA headings is the headlamp
adjusting screw properly classifiable:
7318, HTSUSA, covering screws, bolts, nuts, coach screws,
screw hooks, rivets, cotters, cotter pins, washers (including
spring washers) and similar articles, of iron or steel;
8708, HTSUSA, covering parts and accessories of the motor
vehicles of headings 8701 to 8705.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI) govern
classification of articles under HTSUSA. GRI 1 requires that
classification be determined according to the terms of the
headings and any relative section or chapter notes. Heading 7318
covers screws and similar articles of steel. The subject
merchandise is referred to as an adjusting screw, but is in fact
a threaded mechanism that has as one of its principal components
a dog-slotted screw. The mechanism does not function as a
conventional screw and nut combination does. It operates to
adjust the headlamp to the position needed. It functions as a
part of the automobile to the same extent that the headlight
itself does. Consequently, the headlamp adjusting screw cannot
be considered simply a screw or similar to a screw-nut
combination.
The Explanatory Notes (EN), although not dispositive, should
be looked to for the proper interpretation of the HTSUSA. See 54
Fed. Reg. 35127, 35128 (August 23, 1989). Under EN 73.18(A)(c),
it is explained that heading 7318 excludes threaded mechanisms,
sometimes called screws, used to transmit motion, or otherwise
act as an active part of a machine. In the present case, the
adjusting screw is indeed threaded similar to how a conventional
screw is threaded. However, it transmits motion in the sense
that it adjusts the headlamp, and therefore it is considered an
active part of the automobile. Thus, we cannot classify the
subject article under heading 7318, considering this exclusion.
Heading 8708 covers parts and accessories of motor vehicles
of headings 8701 to 8705. The adjusting screw is designed for
use on a passenger vehicle, specifically a Cadillac automobile.
Such a vehicle is classified under heading 8703 as a vehicle
primarily for the transport of persons. The subject article is
used to adjust the headlight of that vehicle. Therefore, we find
the headlamp adjusting screw to be properly classifiable under
heading 8708 as a part of a vehicle of heading 8703.
HOLDING:
The headlamp adjusting screw is classified under subheading
8708.99.50, HTSUSA, as a part of the motor vehicles of heading
8703.
Sincerely,
John Durant, Director
Commercial Rulings Division