CLA-2:CO:R:C:M 957171 JAS
District Director of Customs
4477 Woodson Road, Rm. 200
St. Louis, MO. 63134-3716
RE: PRD 4503-94-100029; Leaf Springs; Leaf Springs For Use on
Truck Trailer Suspensions; Other Springs and Leafs for
Springs, Subheading 7320.10.90; Suitability for Motor
Vehicle Suspension
Dear District Director:
This is our decision on Protest 4503-94-100029, filed
against your classification of certain automotive leaf springs.
The entries in question were liquidated on May 13, July 29,
August 5 and August 12, 1994. This protest was timely filed on
August 18, 1994.
FACTS:
The merchandise under protest is single leaf and multiple
leaf base metal suspensions advertised in submitted literature
for various types of trailers and semi-trailers including dump
trailers, lowboys, logging trailers and flatbeds. The
merchandise was entered under the provision for other leaf
springs in an appropriate subheading of 7320. Protestant
maintains that the leaf springs in issue are manufactured only
for truck trailers, requiring special mounting brackets, and that
adapting them for motor vehicles would be commercially
impractical. The import specialist determined that they were
suitable for motor vehicle suspensions and liquidated the entries
under the provision for leaf springs suitable for motor vehicle
use.
The provisions under consideration are as follows:
7320 Springs and leaves for springs, of iron or
steel:
7320.10 Leaf springs and leaves therefor:
Suitable for motor vehicle
suspension: - 2 -
7320.10.30 To be used in motor vehicles
having a G.V.W. not exceeding
4 metric tons...3.8 percent
7320.10.60 Other...3.8 percent
7320.10.90 Other...3.8 percent (Free under GSP)
ISSUE:
Whether the leaf springs in issue are suitable for motor
vehicle suspensions.
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. GRI 6 states
in part that for legal purposes, the classification of goods in
the subheadings of a heading shall be determined according to the
terms of those subheadings and any related subheading notes and,
by appropriate substitution of terms, to GRIs 1 through 5, on the
understanding that only subheadings at the same level are
comparable.
A provision based on suitability for use, if it applies, is
more specific than a so-called basket provision. To be suitable
for a stated use it must be established that the article is
actually, practically and commercially fit for that use.
Evidence of sole use or even principal use is not required.
However, there must be evidence of substantial actual use in the
manner required by the provision in question. U.S. v. F.W. Myers
& Co., Inc., C.D. 4256, C.A.D. 1097, 476 F. 2d 1377 (1973).
Literature submitted with this protest is the only evidence
of record. It relates exclusively to leaves and leaf springs for
various types of trailers and semitrailers, with each rated as to
axle dimension, payload capacity, etc. The literature states
that all leaf springs are manufactured to original equipment
manufacturer (OEM) specifications. The available evidence does
not support a finding of substantial actual use in motor vehicle
suspensions.
- 3 -
HOLDING:
Under the authority of GRI 1, the leaf springs in issue are
provided for in heading 7320, as springs and leaves for springs,
of iron or steel. They are classifiable in subheading
7320.10.90, HTSUS.
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
ACS and to the public via the Diskette Subscription Service, the
Freedom of Information Act and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division