OT:RR:CTF:TCM H280671 APP
Center Director, Machinery CEE
U.S. Customs and Border Protection
109 Shiloh Drive, Suite 300
Laredo, TX 78045
Attn: Jeffrey Kiekenbush, Senior Import Specialist
RE: Request for Internal Advice; Tariff classification of two shaft supports and an operating lever that are components of an automatic hopper door system
Dear Mr. Kiekenbush:
This is in reference to your September 21, 2016 request for internal advice, initiated by counsel for CMN Components, Inc. (“CMN” or “requestor”), pertaining to the tariff classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) of two shaft supports (part numbers 10305-520 and 10305-549) and an operating lever (part number 10305-522). The subject items are components of an automatic bottom door control system used in railroad hopper cars. On June 28, 2017, we had a telephone conference with CMN’s counsel. Our response follows.
FACTS:
Requestor describes the subject shaft supports and operating lever as follows:
Shaft Supports (10305-520 and 10305-549)
These are steel castings, called “shaft supports,” and are components of the Automatic Door Operating system of a bottom discharge, open top Aggregate Railcar (a hopper car). Their purpose is to tie, locate and affix the operating levers of the automatic door system onto the railcar. It is bolted to the centersill (longitudical center-located frame) of the railcar and tied to the operating levers via a pin (the shaft) that sits within this part’s round chamber, and which is welded to the operating lever. The pin and operating lever rotate in the shaft support through their door-control range of motion, driven by the car’s automatic door control system. It is a casting made of ASTM A148, Gr 80-50 steel. There are 6 per railcar. The diameter of the 10305-520 pin support is 2.031”. The diameter of the 10305-549 pin support is 3.063”.
Operating Lever (10305-522)
This is a steel casting, called an operating lever. It is a component of the Automatic Door Operating system of a bottom discharge, open top Aggregate Railcar (a hopper car). Its function is to transfer automatic door opening and closing forces to the door assembly. It is made in ASTM A148, Gr 80-50 steel. These are 3 per Railcar.
CMN further explains that the shaft supports and lever function as follows:
The three parts are integral components of the automatic bottom door control system used in railroad hopper cars. The doors open and close automatically when a third rail sends an electrical impulse through a “pick-up shoe” on the hopper car, which activates an electropneumatic valve on the car. The valve sends pressurized air to a cylinder which controls the control linkages of the hopper door system, either opening or closing the doors automatically, depending on the polarity of the signal.
On August 4, 2017, CMN’s counsel forwarded videos showing the automatic operation of the hopper doors and provided the following additional information:
… As the hoppers enter the unloading area, [an] electrical bar or rail activates the hopper door opening and closing operation. The door opens by the action of the plunger extending when the 24 volt power is connected and closes when the plunger is retracted and the power is disconnected … When retracted, the levers lock the door in a closed position … There is one 10305-549 shaft support, two 10305-520 shaft supports, and one 10305-522 lever and shaft in each opening and closing system. The 10305-522 lever is attached to the door and locking mechanism, which closes the door and locks the door in the closed position when the plunger is retracted ….
ISSUES:
Whether the subject shaft supports and operating lever are classified under heading 8302, HTSUS, as base metal mountings, fittings and similar articles suitable for doors; automatic door closers of base metal and parts thereof or under heading 8607, HTSUS, as parts of railway or tramway locomotives or rolling stock.
What is the proper subheading?
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRIs”). GRI 1 provides that classification shall be determined first 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 2 through 6 may be applied in order. Pursuant to GRI 6, classification at the subheading level uses the same rules, mutatis mutandis, as classification at the heading level.
The following HTSUS provisions are under consideration:
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:
8302.10 Hinges and parts thereof:
Of iron or steel, of aluminum or of zinc:
8302.10.60 Other
Other mountings, fittings and similar articles, and parts thereof:
8302.49 Other:
Other:
8302.49.60 Of iron or steel, of aluminum or of zinc
Automatic door closers, and parts thereof:
8302.60.90 Parts
. . .
8607 Parts of railway or tramway locomotives or rolling stock:
Other:
8607.99 Other:
8607.99.10 For vehicles of heading 8605 or 8606, except brake regulators
(emphasis added).
CMN argues that the items should be classified under subheading 8302.60, HTSUS, as automatic door closers and their parts or under subheading 8302.10, HTSUS, as hinges, or in the alternative under heading 8607, specifically under subheading 8607.99, HTSUS, as parts of non-passenger rail car.
Note 2 to Section XV, HTSUS, which covers Chapter 83, provides, in relevant part, as follows:
2. Throughout the tariff schedule, the expression “parts of general use” means: … (a) Articles of heading … 8302.
(emphasis added).
Note 2 to Section XVII, HTSUS, which covers Chapter 86, provides, in relevant part, that:
2. The expressions “parts” and “parts and accessories” do not apply to the following articles, whether or not they are identifiable as for the goods of this section: … (b) Parts of general use, as defined in note 2 to section XV, of base metal (section XV) ….
(emphasis added).
Accordingly, we must first consider whether the subject merchandise is a “part of general use” as defined by Note 2(a) to Section XV (i.e., prima facie classifiable under heading 8302, HTSUS). If so, then it would be precluded from classification in Chapter 86 per Note 2 to Section XVII, HTSUS, supra.
The Explanatory Notes of the Harmonized Commodity Description Coding System (“ENs”) constitute the official interpretation of the Harmonized System. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are generally indicative of the proper interpretation of these headings. See T.D. -80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). EN 83.02 states that this heading covers “general purpose classes of base metal accessory fittings and mountings, such as are used largely on … doors … 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.” EN 83.02 further provides that this heading includes:
Hinges of all types (e.g., butt hinges, lift off hinges, angle hinges, strap hinges and garnets) …
Mountings, fittings and similar articles suitable for motor vehicles (e.g., motor cars, lorries or motor coaches), not being parts or accessories of Section XVII. For example: made up ornamental beading strips; foot rests; grip bars, rails and handles; fittings for blinds (rods, brackets, fastening fittings, spring mechanisms, etc.); interior luggage racks; window opening mechanisms; specialised ash trays; tail board fastening fittings …
(H) Automatic door closers, spring or hydraulic types, for doors, gates, etc.
The instant shaft supports and operating lever are not a structural part of the hopper car. Both are components of the automatic door closers of the bottom discharge hopper car. As requestor explains, the purpose of the shaft supports is to tie, locate, and affix the operating lever. The function of the operating lever is to transfer automatic door opening and closing forces to the door assembly. The lever is attached to the door and locking mechanism, which closes the door and locks it in a closed position. Thus, the shaft supports and operating lever are prima facie classifiable under heading 8302, HTSUS, and are thus “parts of general use” by application of Note 2(a) to Chapter XV, HTSUS. See EN 83.02. Accordingly, per Note 2(b) to Section XVII, the subject shaft supports and operating lever are precluded from classification under heading 8607, HTSUS. Next, we will determine the proper subheading under heading 8302, HTSUS.
The requestor proposes classification of the subject items in subheading 8302.10, HTSUS, as hinges, as an alternative classification. In Headquarters Ruling Letter (“HQ”) H192951, dated August 26, 2014, U.S. Customs and Border Protection (“CBP”) classified a hinge used to connect a discharge pan to the railroad body. It served to support the lading weight of the railcar and enabled the pan to swing in a cammed motion about the pinned axis. Unlike hinges, which are flexible jointed mechanisms, the subject shaft supports and operating lever are stationary and immovable castings. The instant shaft supports and operating lever are parts of an automatic discharge system that is not provided for in subheading 8302.10, HTSUS. Thus, via GRI 1, they do not meet the definition of a hinge and are not classifiable in subheading 8302.10, HTSUS.
We note that based on their function as described by requestor, the subject shaft supports and operating lever may be classifiable under subheading 8302.49, HTSUS as “other mountings, fittings and similar articles,” or under subheading 8302.60, HTSUS, as “[a]utomatic door closers, and parts thereof.” CBP has previously classified parts of automatic door closers in subheading 8302.60, HTSUS. In New York Ruling Letter (“NY”) B84958, dated May 22, 1997, CBP classified base metal parts of automatic door closers under subheading 8302.60.90, HTSUS consistent with EN 83.02(H).
The merchandise subject to NY B84958 consisted of base metal parts designed for use with two different models of automatic door closers. Although NY B84958 is scant with respect to detailing how the subject merchandise operated within the context of the automatic door closers, the ruling documents note that illustrations were provided to substantiate that the subject parts did facilitate this operation. In this regard, we find NY B84958 to be useful. As detailed above, the instant shaft supports and operating lever directly facilitate the opening and closing of the hopper door as parts of the automatic door closing system in which they are installed. They do not offer structural support to the railcars nor do they function to attach the automatic door closing system to another component. Cf. NY N255840, dated August 25, 2014 (classifying a universal mounting bracket for garage door motion sensor used to hold and secure the motion sensor photocells as an other base metal mounting, fitting and similar article).
Accordingly, we find that the instant merchandise is not merely mountings or fittings of subheading 8302.49, HTSUS. They are properly classified as parts of automatic door openers of subheading 8302.60, HTSUS.
HOLDING:
By application of GRIs 1 (Note 2(a) to Section XV) and 6, the instant shaft supports and operating lever are classified in heading 8302, HTSUS, specifically under subheading 8302.60.90, 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: Automatic door closers, and parts thereof: Parts.” The column one, general rate of duty is 3.1% ad valorem.
Duty rates are provided for convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/current.
You are to mail this decision to the requestor, through its counsel, no later than 60 days from the date of the decision. At that time, the Office of Trade, Regulations and Rulings, will make the decision available to CBP personnel, and to the public on the CBP Home Page 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