CLA-2 RR:CR:GC 962384 JAS
Mr. Daniel See
Air Express International
P.O. Box 5129
Southfield, Michigan 48086-5129
RE: NY 874893 Revoked; Bracket and Roller Assembly; Mechanism for Opening and Closing Sliding Side Doors of Vans; Hinge and Guide Designed for Motor Vehicles; Hinges, Mountings and Fittings Suitable for Motor Vehicles, Heading 8302; Devices that Fix, Hold, Guide and Reduce Friction, Ball or Roller Bearings, Heading 8482, THK America, Inc. v. U.S., Composite Good Consisting of Different Components, GRI 3
Dear Mr. See:
On June 3, 1992, the Area Director of Customs, New York, issued NY 874893 to John V. Carr & Son, Inc., on behalf of St. Clair Forms, Inc., Blenheim, Ontario, Canada, concerning a bracket and roller assembly for passenger side sliding doors for vans. The decision held that the assembly, referred to as a hinge and guide, was classifiable in subheading 8302.10.30, Harmonized Tariff Schedule of the United States (HTSUS), as a hinge of iron or steel designed for motor vehicles.
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY 874893 was published on December 23, 1998, in the Customs Bulletin, Volume 32, Number 51. No comments were received in response to that notice.
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FACTS:
The bracket and roller assembly (the assembly) is described as part of a mechanism that opens and closes the passenger side sliding door on vehicles such as the Chevrolet Astro van and the GMC Safari mini van. The assembly consists of a bent and formed steel rod with a forged steel bracket welded to one end and a radial ball bearing riveted to the other end.
In operation, the assembly is mounted on the inside of the van’s sliding door by means of the bracket so that the door is constrained to follow the path of a guide channel or track incorporated into the inside of the vehicle’s roof. The roller is a bearing of cold rolled steel construction that slides in the channel. It contains fifteen (15) steel balls held between an inner ring and a combined outer ring and tire that is contoured to fit in the channel. The roller supports the weight of the door suspended from the track. The function of the assembly is to guide the movement of the door along the path of the guide channel while reducing the friction caused by the moving assembly against the fixed channel.
The provisions under consideration are as follows:
8302 Base metal mountings, fittings and similar articles suitable for...doors...: parts thereof:
8302.10 Hinges, and parts thereof, of iron or steel, of aluminum or of zinc:
8302.10.30 Designed for motor vehicles
8302.30 Other mountings, fittings and similar articles suitable for motor vehicles...:
8302.30.30 Of iron or steel, of aluminum or of zinc
* * * *
8482 Ball or roller bearings, and parts thereof:
8482.10 Ball bearings:
8482.10.50 Other
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ISSUE:
Whether the bracket and roller assembly is a composite good; whether it is classified in heading 8302 or heading 8482.
LAW AND ANALYSIS:
Under General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), goods are to be classified 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. Under GRI 3(b), composite goods made up of different components shall be classified as if consisting of the component that imparts the essential character to the good. When goods cannot be classified in this manner, they shall be classified under GRI 3(c) in the heading which occurs last in numerical order among those which equally merit consideration.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System. While not legally binding, 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 ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).
Relevant ENs at p. 1213 state, in part, that heading 8302 covers general purpose base metal accessory fittings and mountings but that goods in these general classes remain in the heading even if designed for particular uses (e.g., door handles or hinges for automobiles). The EN lists (A) Hinges of all types and (C) Mountings, fittings and similar articles suitable for motor vehicles. For example: window opening mechanisms (Emphasis original).
Other ENs at p. 1433 state that heading 8482 covers ball, roller, or needle roller type bearings that enable friction to be considerably reduced. They may be designed to give radial support or to resist thrust. This EN states further that normally, bearings consist of two concentric rings or races enclosing the balls or rollers, and a cage which keeps them in place and ensures that their spacing remains constant.
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The outer portion of some bearings is significantly reinforced in thickness to provide weight-carrying capability. In addition, the inner and outer diameter surfaces are slightly contoured to permit the bearing to fit into and roll smoothly in a track. Known by various names, articles that function to position, hold and guide moving parts, as well as reduce friction
between the moving parts and fixed parts, have been held to be ball or roller bearings of heading 8482. See THK America, Inc. v. United States, 17 CIT 1169 (1993), and lexicographic sources cited.
The bracket and roller assembly functions both as a hinge that permits the vehicle door to turn or pivot, and also as a bearing to position, hold and guide the door as it moves, as well as to reduce friction during movement. It is a composite good made up of different components which GRI 3(b) requires be classifiable according to its essential character. In this case, we are unable to conclude that the hinge function is any more or less significant to the overall utility of the assembly than is the bearing function. Both functions, in our opinion, are equally significant. For this reason, we are unable to establish the essential character of the good. Under GRI 3(c) the bracket and roller assembly is to be classified in heading 8482 as the heading which occurs last in numerical order.
HOLDING:
Under GRI 3(c), HTSUS, the bracket and roller assembly or hinge and guide, is provided for in heading 8482. It is classifiable in subheading 8482.10.50, HTSUS. NY 874893, dated June 3, 1992, is revoked.
In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).
Sincerely,
John Durant, Director
Commercial Rulings Division