HQ 950630
MARCH 13 1992
CLA-2:CO:R:C:M 950630 JAS
Mr. Michael Mitchell
Chief, Customs Information Exchange
6 World Trade Center
New York, New York 10048
RE: Knobs for Washer/Dryers; Parts of Home Appliances;
Parts of General Use; Section XVI, Note 2; Fittings
and Mountings; Heading 8302, 8450, HTSUS; HRLs 082334,
083984
Dear Mr. Mitchell:
This is our response to an electronic Customs Form 6431,
dated September 4, 1991, relating to entry C39 00565715. The
merchandise in issue is control knobs for Speed Queen
washer/dryers.
FACTS:
Four (4) samples were submitted, designated Speed Queen
part numbers 32866, 33117, 33610 and 61315. Each is a control
knob of extruded plastic between 1 and 2 inches in diameter with
metal sleeve insert. Two of the knobs have chrome trim.
The concerned NIS cites Headquarters rulings in which
similar articles were held to be classifiable in Chapter 84 as
parts of the machine with which they are solely or principally
used. The NIS believes that these articles are a type of
mounting or fitting, and thus qualify as parts of general use,
whether metal or plastic. This would preclude them from
classification in HTS Chapter 84. The local import specialist
agrees that the Headquarters rulings omit any discussion of
whether the articles considered therein may have been "parts of
general use."
ISSUE:
Whether the control knobs are "parts of general use" for
purposes of Section XVI, Note 1(g), HTSUS.
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LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 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, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
The knobs are acknowledged to be solely or principally used
with household or laundry-type washing machines of heading 8450,
including machines which both wash and dry. Such parts are
classifiable in subheading 8450.90.00, HTSUS, except if they are
parts of general use, of base metal (section XV), or similar
goods of plastics (chapter 39). Section XVI, Note 1(g), HTSUS.
The expression "parts of general use" includes, among other
things, articles of heading 8302, base metal mountings, fittings
and similar articles, suitable for furniture, doors, staircases,
windows, blinds, coachwork, saddlery, trunks, chests, caskets or
the like. Section XV, Note 2(c), HTSUS.
In view of Note 1(g), the issue is not so much whether the
instant plastic washer/dryer knobs are articles similar to base
metal mountings and fittings of heading 8302 but, reading
heading 8302 in para materia, whether such plastic knobs are
"suitable" for furniture, doors, staircases, windows, blinds,
coachwork, saddlery, trunks, chests, caskets or the like. In our
opinion, the instant washer/dryer knobs are integral working
parts of washing machines and, by design or function, have no
practical or commercial relationship to the articles listed in
heading 8302. In our opinion, washing machines of heading 8450
do not have the characteristics of and are not similar or akin to
furniture, doors, staircases, windows, blinds, coachwork,
saddlery, trunks, chests, and caskets. The subject knobs,
therefore, are not suitable for these articles.
Headquarters rulings 082334, dated October 23, 1989, and
083984, dated October 26, 1989, both held knobs similar to the
ones in issue here to be classifiable in Chapter 84 as parts of
the machine with which they are solely or principally used, or as
machinery parts not specified or included elsewhere in [Chapter
84] where no principal use was established. We agree that some
discussion of Section XVI, Note 1(g) in these rulings would have
been appropriate. However, we believe the conclusions reached in
these rulings are correct and should not be disturbed.
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HOLDING:
The Speed Queen parts 32866, 33117, 33610, and 61315 are not
plastic goods similar to the parts of general use of heading
8302. Under GRI 1, these parts used solely or principally with
machines of heading 8450 are classifiable in subheading
8450.90.00, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division