CLA-2 RR:CR:GC 966562 RSD
TARIFF Nos. 7222.20.00, 8473.30.50
Ms. Kelly Struder
Manager, Customs Compliance
Richoh Corporation
Five Dedrick Place
West Caldwell, New Jersey 07006
RE: Stainless Steel Grid Wires Used in Photocopiers; Reconsideration of NY I86093
Dear Ms. Struder:
This is in response to your letter dated June 12, 2003, requesting the reconsideration of Customs ruling NY I86093 concerning the classification under the Harmonized Tariff Schedule of the United States (HTSUS) of stainless steel grid wires used in photocopier machines. The National Commodity Division of Customs and Border Protection issued NY I86093 on October 4, 2002, based on a sample of a grid wire that you submitted. When you requested reconsideration of NY I86093, you submitted another sample of the grid wires, which was different from the sample that you had previously submitted. We have received both samples of the grid wires. This decision will classify both samples of the grid wires.
FACTS:
The subject merchandise at issue is referred to as grid wires. The samples submitted consist of fine strands of type 304 stainless steel, measuring 0.15 mm in diameter. The merchandise is imported in cut lengths. In their imported condition, the grid wires are packaged in cardboard sleeves measuring 20 cm x 12 cm. Each cardboard sleeve contains four replacement grid wires measuring 101.50 cm in length. The grid wires are used as replacement corona wires and are designed for use inside a photocopier machine. When the grid wires are worn, they are removed from the grid holders and the end-block covers that are located within the copier machines so that they can be replaced with new grid wires. The grid wires provide a uniform electrostatic charge to the drum during the copying process. Both the copier machines and the replacement grid wires are imported from Japan.
The form and length of the corona wires vary depending on the type of copy machines in which they are used. Some of the corona wires have loops or rings, while other corona wires have eyelets, depending on the type copy machines that they are installed in, and how they are used in the copying process (i.e. charge, transfer, separation, cleaning, charge grid, quenching, etc.) Overall, however, they are still considered corona wires, and they are all energized in the same way, with a power pack utilizing electrical current. The copier machines cannot make copies without corona wires.
The first sample that was submitted is part # AD02-0001. It consists of a single strand of type 304 stainless steel bar with eyelets (which appear to be nothing more than a crimped section of the steel bar) on each end and it is used as a main charge corona. The second sample, part # AO23-9006, is one wire in a series of four long looped wires or rings which are used as a grid wire.
Ricoh uses three methods to charge the photoconductive surface during the copy process: 1) a single corona wire; 2) two corona wires; and 3) a roller. The single and double scoroton corona wire system perform the same function—to provide a uniform charge to the photoconduction surface. Various design requirements regarding the speed of the copy process/area of the photoconductive surface may necessitate the use of a double scorotron corona wire system. There are two ways to achieve the double scorotron corona wire configuration: 1) the use of two single wires; and 2) the use of a looped wire (a single wire where the ends of the wire are attached to form on continuous ‘loop’ of wire). Other than the physical appearance of the corona wires, both the single scorotron corona wire and double (looped) scorotron corona wire provide the same end result.
In NY I86093, Customs classified the part # AD02-0001 stainless steel grid wire in subheading 7222.20.00, HTSUS.
ISSUE:
What is the classification under the HTSUS of the subject grid wires?
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI’s). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.
The Harmonized Commodity Description And Coding System Explanatory Notes (EN’s) constitute the official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the EN’s 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 EN’s should always be consulted. See T.D. 89 80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).
The HTSUS provisions under consideration are as follows:
7222 Other bars and rods of stainless steel; angles, shapes and sections of stainless steel:
7222.20.00 Bars and rods, not further worked than cold-formed or cold-finished.
* * * * * * * * *
7223.00 Wire of stainless steel:
7223.00.10 Round wire.
* * * * * * * * *
8473 Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472:
8473.30 Parts and accessories of the machines of heading 8471:
Not incorporating a cathode ray tube:
8473.30.50 Other.
* * * * * * * * *
The two samples being considered are stainless steel grid wires that are used inside of copier units. They are very thin strands that resemble wires that are imported in cut lengths. While we recognize that the subject merchandise does look like wire, Note 1(o) to Chapter 72, HTSUS assigns a specialized meaning to the term steel “wire” which must be applied in determining whether it is proper to classify the subject merchandise as steel wire in the HTSUS. Note 1(o) to Chapter 72, HTSUS, provides in pertinent part, the following definition of “wire”:
(o) Wire
Cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products.
Accordingly, although the merchandise resembles wires and is called grid wires, because it is not imported in coils or spools, but in straight lengths, it does not fit within the definition for steel wire indicated in Note1(o) to chapter 72, HTSUS. Therefore, the merchandise cannot be classified as steel wire in heading 7223, HTSUS. This means that we must consider the alternative proposed classifications for the subject merchandise, which are heading 7222, HTSUS, as steel bars and rods or in heading 8473, HTSUS as parts suitable for use solely or principally with machines of headings 8469 to 8472.
Note 1(m) Chapter 72, HTSUS, defines steel bars and rods as:
(m) Other bars and rods
Products which do not conform to any of the definitions at (ij), (k) or (l) above or to the definition of wire, which have a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles or other convex polygons (including “flattened circles” and “modified rectangles”, of which two opposite side are convex arcs, the other two side being straight, of equal length and parallel). These products may:
have indentations, ribs, grooves or other deformations produced during the rolling process (reinforcing bars and rods);
be twisted after rolling.
Because the strands of stainless steel will be used as corona wires in copiers, we must also consider whether the subject merchandise would be properly classified in heading 8473, HTSUS, as parts of copiers. In determining whether articles such as the subject merchandise are considered parts, it is a well-established rule that a part of an article is something necessary to the completion of that article. It is an integral, constituent, or component part, without which the article to which it is to be joined, could not function as such article. United States v. Willoughby Camera Stores, Inc., 21 CCPA 322, 324, T.D. 46,851 (1933), cert denied, 292 U.S. 640 (1934). The rule set out in Willoughby Camera has been modified over the years so that a device may be a part of an article even though the device is not necessary to the operation of the article, provided that once the device is installed the article cannot function properly without it. To meet this test, the device must be dedicated for use upon the article. See Beacon Cycle, 81 Cust. Ct. 46, 50-51, C.D. 4764 (1978).
Since one of the competing headings, heading 8473, HTSUS, is a parts provision within Section XVI, it is necessary to consider Note 2, Section XVI to see if it governs the classification of the imported strands. Section XVI, Note 2(a), HTSUS, states, in the relevant part, that subject to certain exceptions that are not relevant here, parts of machines which are goods included in any of the headings of chapters 84 and 85 are in all cases to be classified in their respective headings. Note 2(b) states that other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading are to be classified with the machines of that kind. We also must consider Additional U.S. Rule of Interpretation 1(c) to see if it supercedes Section XVI, Note 2.
Additional U.S. Rule of Interpretation 1(c) provides: In the absence of special language or context which otherwise requires ... 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[.]
By its terms, Additional U.S. Rule 1(c), HTSUS, applies in the absence of special language or context which otherwise requires. Section XVI, Note 2 is such special language or context, but only where the competing provisions at issue are both within Section XVI. See Nidec Corp. v. United States, 861 F. Supp. 136, aff’d 68 F. 3d 1333 (Fed Cir. 1995). However, in this case, because one of the competing provisions, heading 7222, HTSUS, is outside Section XVI, Note 2 to that section does not provide special language or context which supercedes Additional U.S. Rule of Interpretation 1(c), HTSUS. See HQ 561353, dated September 19, 2002.
In HQ 561353, we discussed the classification of a copper wire in heading 7408, HTSUS, that was dedicated to use in an electrical discharge machine. We stated that Note 2 to Section XVI appears to direct the classification of parts of machines of Chapters 84 and 85. However, in this case we also have unrestricted language as to the classification of a named product, copper wire. We believe that, in such cases, Additional U.S. Rule of Interpretation 1(c) provides us with the necessary guidance. Just as the copper wire in HQ 561353 was provided for as a good of a heading outside of Section XVI, so too the steel bar in this instance is provided for outside of Section XVI.
Subheading 7222.20.00, HTSUS, a provision for stainless steel bars and rods, is more specific than subheading 8473.30.50, HTSUS, a provision for parts of machines, such as copiers. The first submitted sample, part # AD02-0001, is a single strand stainless steel bar with eyelets on each end. Although this article may be used in copier units, when it is imported, there is nothing that clearly identifies it as a part of a copier unit. The sample has a uniform solid cross section along its whole length, and thus it fits within the description provided for other bars and rods in Note 1(m) of Chapter 72, HTSUS. Accordingly, we find that the part # AD02-0001 is classified in subheading 7222.20.00, HTSUS.
The second sample, part # A023-9006, contains a strand of type 304 stainless steel bar with loops or rings permanently attached at its ends. Although this sample may be used in similar manner as the first sample in copier machines, its form and appearance is different from the first sample. The attached rings at the ends of the stainless steel strands distinguish it from the other sample. The attachment of the rings at the ends of the strands means that the sample does not meet the definition for steel rods and bar as set forth in Chapter 72 Note 1(m) because the sample does not have a uniform solid cross section along its whole length. Rather, we believe that the attachment of the rings at the ends of the strand of steel bar indicates that it is advanced enough to be considered a part of the copier unit. In other words, the rings attached at the end of the strands clearly identify that the articles are dedicated to use solely as parts of copiers. Therefore, we find that part # A023-9006 is classified in subheading 8473.30.50, HTSUS.
HOLDING:
Part # AD02-0001 is classified in subheading 7222.20.00, HTSUS, as: “Other bars and rods of stainless steel; angles, shapes and sections of stainless steel: Bars and rods, not further worked than cold-formed or cold-finished.” Part # ADO23-9006 is classified in subheading 8473.30.50, HTSUS, as: “Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other.”
EFFECT ON OTHER RULINGS:
NY I86093 is affirmed with respect to the classification under the HTSUS of the grid wire with a part number AD02-0001.
Sincerely,
Myles B. Harmon, Director
Commercial Rulings Division