CLA-2:CO:R:C:M 955425 JAS
District Director of Customs
477 Michigan Ave.
Detroit, MI 48266
RE: PRD 3801-93-100584; Twistlock, Metal Device for Securing
Container to Semi-Trailer; Parts of Trailers and Semi-
Trailers; Parts Versus Accessories; Cast Metal Article,
Heading 7325; Additional U.S. Rule of Interpretation 1(c),
Beacon Cycle & Supply Co., Inc. v. United States, C.D. 4764,
DD 878766
Dear Sir:
This is our decision on Protest 3801-93-100584, filed
against your classification of certain metal devices for securing
containers to semi-trailers. The entry under protest was
liquidated on December 16, 1992, and this protest timely filed on
March 1, 1993.
FACTS:
The articles in question are twistlocks, described on
invoices as the fixed twistlock, part # ML 85-4 and ML 85-5, and
the shoot bolt, part # ML 90-2 and ML 90-3. Blueprints of these
four devices were submitted. They are further described as
securing devices, ones that are designed to be permanently welded
to the corners of semi-trailers and capable of being locked and
unlocked to the corner fittings of either loaded or unloaded
I.S.O. shipping containers. The twistlocks are intended to
secure and stabilize the container during transport.
The twistlock securing devices are considered by the
importer to be integral parts of semi-trailers. Consequently,
they were entered under the provision for parts of trailers and
semi-trailers, in subheading 8716.90,50, Harmonized Tariff
Schedule of the United States (HTSUS). Based on a district
ruling on similar merchandise the concerned import specialist
appears to have determined that the twistlocks latch into corner
fittings welded to the containers, and are therefore to be
considered accessories and not parts. The entry was then - 2 -
liquidated under subheading 7325.99.50, HTSUS, as other cast
articles of iron or steel.
The provisions under consideration are as follows:
7325 Other cast articles of iron or steel:
7325.99.50 Other: Other...5.7 percent
* * * * *
8716 Trailers and semi-trailers; other vehicles,
not mechanically propelled; and parts
thereof:
8716.90.50 Parts: Other...3.1 percent
ISSUE:
Whether the twistlock securing devices are parts for tariff
purposes.
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.
Additional U.S. Rule of Interpretation 1(c), HTSUS, states
that a provision for parts of an article covers products solely
or principally used as a part of such articles but a provision
for "parts" or "parts and accessories" shall not prevail over a
specific provision for such part or accessory.
The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the Customs Cooperation
Council's official interpretation of the Harmonized System.
While not legally binding on the contracting parties, and
therefore not dispositive, the ENs provide a commentary on the
scope of each heading of the Harmonized System and are thus
useful in ascertaining the classification of merchandise under
the System. Customs believes the notes should always be
consulted. See T.D. 89-80.
Relevant ENs at p. 1037 state that heading 73.25 covers all
cast articles of iron or steel, not elsewhere specified or
included. The heading does not, however, cover castings which
are products falling in other headings of the HTSUS, for example, - 3 -
recognizable parts of machinery or mechanical appliances. The
blueprints and descriptive literature suggest that these
twistlocks are fabricated articles and are not cast. In any
event, heading 7325 is not a specific provision for purposes of
Additional U.S. Rule 1(c). Beacon Cycle & Supply Co., Inc. v.
United States, C.C. 4764 (1978).
The issue, then, is whether the described twistlocks qualify
as parts for tariff purposes. Your office apparently believes
that the twistlocks latch into fittings that are permanently
welded to the bed of the semi-trailer. DD 878766, dated October
15, 1992, from the District Director at Charlotte, which you
cite, dealt with certain truck corner fittings and held they were
classifiable in subheading 7326.90.90, HTSUS, as other articles
of iron or steel. The ruling stated that these articles fit on
the corners of ocean freight containers, but it is unclear
whether the fittings were permanently affixed to the container or
to the truck, which we presume to mean trailer or semi-trailer.
In a letter dated February 11, 1993, to its broker, the importer
states "The twistlocks are the securement devices which are
welded to a chassis to enable the chassis to transport an I.S.O.
shipping container from the port of discharge to the customer's
facility." The concerned National Import Specialist confirmed
this fact in a more recent phone conversation with the importer.
It is evident by their function and design that the
twistlocks in issue are intended to secure containers to the beds
of semi-trailers and to stabilize them during transit. As such,
they serve a useful function in relation to the semi-trailer so
that they contribute to its safe or efficient operation. The
described twistlocks, therefore, qualify as parts for tariff
purposes. Beacon Cycle, supra. Their unique design makes it
reasonable to conclude that they are principally used with semi-
trailers of heading 8716.
HOLDING:
Under the authority of GRI 1, the twistlocks ML 85-4, ML 85-
5, ML 90-2 and ML 90-3 are provided for in heading 8716. They
are classifiable in subheading 8716.90.50, HTSUS, as entered.
The protest should be ALLOWED. In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4,
1993, Subject: Revised Protest Directive, you should mail this
decision, together with the Customs Form 19, to the protestant no
later than 60 days from the date of this letter. Any
reliquidation of the entry or entries in accordance with the
decision must be accomplished prior to mailing the decision.
Sixty days from the date of the decision the Office of
Regulations and Rulings will take steps to make the decision
available to Customs personnel via the Customs Rulings Module in - 4 -
ACS and to the public via the Diskette Subscription Service,
Lexis, the Freedom of Information Act and other public access
channels.
Sincerely,
John Durant, Director
Commercial Rulings Division