CLA-2 OT:RR:CTF:TCM HQ H251032 TNA
Port Director, Service Port- Minneapolis
U.S. Customs and Border Protection
330 2nd Ave. South
Suite 560
Minneapolis, MN 55401
Attn: Jeremy Olson, Senior Import Specialist
Re: Protest and Application for Further Review No. 3501-13-100071; Classification of metal cones
Dear Port Director:
The following is our decision regarding Protest and Application for Further Review No. 3501-13-100071, timely filed on September 13, 2013, on behalf of Arrow Tru-Line Industries, Inc. (“ATL” or “Protestant”) regarding the tariff classification of metal cones under the Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The subject merchandise consists of small metal fittings called “cones” that are positioned on the end of horizontally-placed torsion springs for overhead doors. The springs are located above the garage doors, and are used to open and close the garage door. The cones are used to fasten, tighten, and hold the tension of the spring. They attach the torsion spring to the torsion tube and adjust the tension of the spring in an assembly that allows an overhead door to open and close more easily. Specifically, the cones are part of the door’s counterbalance system, and are used in a counterweight assembly. This assembly consists of the torsion springs, torsion shaft or metal shaft, cones, drums, and cable. The cones are used to fix the spring onto the torsion shaft and has holes in its body to allow the torsion spring to be wound. The cones are made of either steel or die-cast aluminum and are used almost exclusively with garage doors.
The subject cones may be designated right-handed, left-handed or universal. The ones designated as right-handed are used with right-hand wound torsion springs, and the ones designated as left-handed are used with left-hand wound springs. The cones with a “universal” designation may be used with either left-handed or right-handed torsion springs. Thus, the “universal” designation does not signify these cones’ propensity for general use outside the context of the counterweight assembly; to the contrary, it only applies to these cones’ ability to be used with either right- or left-hand wound torsion springs.
The subject merchandise entered on July 27, 2012, in subheading 8431.39.00, HTSUS, as “Parts suitable for use solely or principally with the machinery of headings 8425 to 8430: Of machinery of heading 8428: Other.” The subject merchandise was liquidated on September 6, 2013 in subheading 8302.41.60, HTSUS, which provides for “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles, and parts thereof: Suitable for buildings: Other: Of iron or steel, of aluminum or of zinc.” Protestant now claims classification in subheading 8412.90.90, HTSUS, which provides for “Other engines and motors, and parts thereof: Parts: Other.”
ISSUE:
Whether the subject metal cones should be classified as metal fittings for doors in heading 8302, HTSUS, or as parts of motors of heading 8412, HTSUS?
LAW AND ANALYSIS:
Initially, we note that the matter protested is protestable under 19 U.S.C. §1514(a) (2) as a decision on classification. The protest was timely filed, within 180 days of liquidation of the first entry. (Miscellaneous Trade and Technical Corrections Act of 2004, Pub.L. 108-429, § 2103(2) (B) (ii), (iii) (codified as amended at 19 U.S.C. § 1514(c) (3) (2006)).
Further Review of Protest No. 3501-13-100071 is properly accorded to Protestant pursuant to 19 C.F.R. § 174.24(a) because Protestant alleges that the Port’s liquidation of the subject merchandise in heading 8302, HTSUS, is inconsistent with prior CBP rulings that classify substantially similar merchandise in heading 8412, HTSUS. Specifically, Protestant argues that the Port’s decision is inconsistent with NY C81246, dated November 24, 1997 and NY G85391, dated December 18, 2000.
Merchandise imported into the United States is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes.
GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in their appropriate order.
The HTSUS provisions under consideration are as follows:
8302 Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof:
8412 Other engines and motors, and parts thereof:
Note 1 to Section XV, HTSUS, of which Chapter 83, HTSUS, is a part, provides, in pertinent part, the following:
This section does not cover:…
(f) Articles of section XVI (machinery, mechanical appliances and electrical goods);
Note 2 to Section XV, HTSUS, states, in pertinent part, the following:
Throughout the tariff schedule, the expression “parts of general use” means:…
(c) Articles of heading 8301, 8302, 8308 or 8310 and frames and mirrors, of base metal, of heading 8306.
Note 1 to Section XVI, HTSUS, of which Chapter 84, HTSUS, is a part, provides, in pertinent part, the following:
This section does not cover:…
(g) Parts of general use, as defined in note 2 to section XV, of base metal (section XV), or similar goods of plastics (chapter 39);…
(k) Articles of chapter 82 or 83;
The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The EN to heading 8302, HTSUS, provides for, in pertinent part, the following:
This heading covers general purpose classes of base metal accessory fittings and mountings, such as are used largely on furniture, doors, windows, coachwork, etc. Goods within such general classes remain in this heading even if they are designed for particular uses (e.g., door handles or hinges for automobiles). The heading does not, however, extend to goods forming an essential part of the structure of the article, such as window frames or swivel devices for revolving chairs.
The heading covers:…
(D) Mountings, fittings and similar articles suitable for buildings
This group includes:
(1) Door guards fitted with chains, bars, etc.; espagnolette or casement bolts and fittings; casement fasteners and stays; fanlight or skylight openers, stays and fittings; cabin hooks and eyes; hooks and fittings for double windows; hooks, fasteners, stops, brackets and roller ends for shutters or blinds; letter-box plates; door knockers, spy holes, etc. (other than those fitted with optical elements)….
(H) Automatic door closers, spring or hydraulic types, for doors, gates, etc.
The EN to heading 8412, HTSUS, provides for, in pertinent part, the following:
This heading covers engines and motors not included in the preceding headings (headings 84.06 to 84.08, 84.10 or 84.11) or in heading 85.01 or 85.02. It therefore covers non-electric engines and motors other than steam turbines and other vapour turbines, spark-ignition and compression-ignition internal combustion piston engines, hydraulic turbines, water wheels, turbo-jets, turbo-propellers or other gas turbines….
(E) SPRING-OPERATED OR WEIGHT-OPERATED MOTORS, ETC.
These include mechanisms which, like clockworks, use the energy produced by the release of wound-up springs, or which are operated by gravity (e.g., by a counterweight or any similar device). However, such mechanisms fitted, or adapted for fitting, with escapements are excluded (heading 91.08 or 91.09).
The motors of this group, particularly those of the spring-driven type, are used to operate a large variety of apparatus (e.g., musical boxes, automatic turnspits, revolving window displays, registering apparatus, engraving tools).
We begin by noting that heading 8431, HTSUS, under which the subject merchandise was entered, is no longer at issue. The dispute is between headings 8302 and 8412, HTSUS. Section XVI, HTSUS, specifically excludes “parts of general use” as this phrase is defined in Note 2 to Section XV, HTSUS. Note 2 defines “parts of general use” to include articles of heading 8302, HTSUS. See Note 1(g) to Section XVI, HTSUS; Note 2(c) to Section XV, HTSUS. As a result, we begin our analysis with heading 8302, HTSUS.
Heading 8302, HTSUS, provides for general purpose fittings of base metal, including those used largely on doors. See EN 83.02. Goods of this general class remain in this heading even if they are specifically designed for particular uses. See EN 83.02. Citing lexicographic sources, CBP has defined “fittings” as “something used in fitting up: accessory, adjunct, attachment . . . a small often standardized part (as a coupling, valve, gauge) entering into the construction of a boiler, steam, water or gas supply installation or other apparatus . . .” See HQ H209839, dated December 31, 2013. Citing EN 83.02 and the examples of fittings listed therein, CBP has further stated that:
the common characteristics of “parts of general use” classifiable under heading 8302, HTSUS, are that they are articles that function to attach, fix (in place), fit, connect, protect, separate, bind, or stabilize two separate articles together, or one to (or from) the other. They do not form essential parts of the structure of the articles, e.g., a seat’s back and bottom supports. CBP has previously determined that goods in such general classes as bolts, springs, mountings, fittings and similar articles are “parts of general use,” even if specialized for use with specific products. The unique design specifications of the subject gas springs [at issue in this ruling] do not negate this concept.
See HQ H209839.
Adhering to this analysis, CBP found that the gas springs at issue in HQ H209839 did not form essential parts of the structure of the seats in which they were incorporated. We reasoned that the springs were devices that merely allowed the backs of the seats to be lowered and raised in order to enhance passengers’ comfort. There was no evidence that seats without the springs could not perform their essential function of supporting seated passengers. As a result, HQ H209839 found that the gas springs at issue were parts of general use within the meaning of heading 8302, HTSUS. This conclusion was supported by prior rulings and court cases. See, e.g., HQ 966412, dated September 3, 2003, and HQ 966789, dated June 21, 2004 (stating that “oil bolts” for motorcycle brake transmissions with specialized features- i.e., they were hollow and had holes in their stems to enable the unimpeded passage of fluids- were still screws that were classified as parts of general use in heading 7318, HTSUS.) See also Honda of America Manufacturing, Inc. v. United States, 33 C.I.T. 649; 625 F. Supp. 2d 1324; 31 Int'l Trade Rep. (BNA) 1507; 2009 Ct. Intl. Trade LEXIS 57; SLIP OP. 2009-51 (2009) (affirming CBP’s approach in HQ 966412 and HQ 966789.)
We note that HQ H209839 examined the types of fittings suitable for furniture. In examining the types of fittings that EN 83.02 lists as being specifically suitable for buildings, as is applicable to the cones at issue here, we note that it includes items such as door guards, door stops and closers, and other similar items. All of these items are used on the door itself. They come into physical contact with the door, and this contact is what holds the door open, closes the door, and performs other similar function. As such, they are fittings for the door itself.
This is in contrast to the subject cones. These cones are components of spring assemblies for garage doors rather than being components of the doors themselves. They attach the spring to the torsion tube. They are used to fasten, tighten, and hold the tension of the spring in the assembly. Thus, while the subject cones meet the definition of a “fitting,” they do not meet the terms of heading 8302, HTSUS, and are distinguishable from the merchandise classified therein, because they are not fittings for “furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like.” To the contrary, the subject merchandise is better described as fittings for spring-operated motors. As a result, Notes 1(g) and 1(k) to Section XVI, HTSUS, do not exclude the subject merchandise. Hence, if the merchandise is described by the terms of heading 8412, HTSUS, it may be classified there.
Heading 8412, HTSUS, provides for “Other engines and motors, and parts thereof.” The heading includes “spring-operated or weight-operated motors, etc,” a category of merchandise that includes mechanisms that, like clockworks, use the energy produced by the release of wound-up springs to function. See EN 84.12. Furthermore, the motors of this group, particularly those of the spring-driven type, are used to operate a wide variety of apparatus, including merchandise as different as musical boxes, automatic turnspits, revolving window displays, registering apparatus, and engraving tools. See EN 84.12. The heading also includes parts of spring motors. See heading 8412, HTSUS; EN 84.12.
In addition, in prior rulings, CBP has classified cones used in the assembly of spring counterweights for garage doors that are nearly identical to the subject merchandise. There, CBP held that “spring counterweights for garage doors are spring-operated motors. They use the energy produced by the release of a wound-up spring to reduce the effort required to raise or lower the door.” See NY C81246, dated November 24, 1997; NY G85391, dated December 18, 2000. As a result, these rulings classified these cones in heading 8412, HTSUS, as parts of spring motors.
In the present case, the subject merchandise meets the terms of this heading. The spring assembly with which the subject cones are used are spring-operated mechanisms that use the energy of wound-up springs to allow garage doors to open and close. Furthermore, garage doors are apparatus that are included in the wide range of apparatus with which spring motors of heading 8412, HTSUS, are used. The subject cones are also a part of these assemblies, which are encompassed within heading 8412, HTSUS. As such, they will be classified there. Furthermore, the spring assembly would not operate without the functions that the subject cones perform. As such, the subject merchandise meets the definition of a part of the spring assembly and will be classified as such in subheading 8412.90.90, HTSUS. This conclusion is consistent with prior CBP rulings that classify similar merchandise. See, e.g., HQ 084746, dated February 13, 1990; NY C81246; NY G85391.
HOLDING:
By application of GRI 1, the subject metal cones are classified in heading 8412, HTSUS. They are specifically provided for in subheading 8412.90.90, HTSUS, which provides for “Other engines and motors, and parts thereof: Parts: Other.” The general column one rate of duty is free.
You are instructed to ALLOW the protest.
In accordance with Sections IV and VI of the CBP Protest/Petition Processing Handbook (HB 3500-08A, December 2007, pp. 24 and 26), you are to mail this decision, together with the CBP 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 International Trade, Regulations and Rulings, will make the decision available to CBP personnel, and to the public on the CBP website at www.cbp.gov, by means of the Freedom of Information Act, and other methods of public distribution.
Sincerely,
Myles B. Harmon, Director
Commercial and Trade Facilitation Division