Cold-Rolled Stainless Flat Wire; Parts of Windshield Wipers; EN 85.12; Avins Industrial Products Co.v U.S.; HQ 087047

HQ 951565 April 23, 1992 CLA-2 CO:R:C:M 951565 DWS CATEGORY: Classification TARIFF NO.: 8512.90.90; 7222.20.00 Mr. Kent Sunakoda James J. Boyle & Co. Ocean Services 2525 Corporate Place #100 Monterey Park, CA 91754 RE: Cold-Rolled Stainless Flat Wire; Parts of Windshield Wipers; EN 85.12; Avins Industrial Products Co.v U.S.; HQ 087047 Dear Mr. Sunakoda: This is in response to your letters of March 27, 1992, and January 31, 1992, concerning the classification of cold-rolled stainless flat wire under the Harmonized Tariff Schedule of the United States (HTSUS). FACTS: The merchandise consists of cold-rolled stainless flat wire. The wire has not been subjected to any surface treatments. The wire is approximately .75 mm in thickness, 2.5 mm in width, and ranges from 400 mm to 550 mm in length. Some of the wire is imported with holes and notches cut into it, some with just notches, and some without holes or notches. The wire is designed specifically so that it can be inserted into the rubber blade of a windshield wiper. It has been noted that all three types of wire do not undergo further processing upon importation, and are ready for insertion into various rubber blades. ISSUE: Whether the three types of wire are parts of windshield wipers under the HTSUS? LAW AND ANALYSIS: Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes. Heading 8512, HTSUS, provides for: "[e]lectrical lighting or signaling equipment, windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof." In understanding the language of heading 8512, HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989). In part, Explanatory Note 85.12 (p. 1350), HTSUS, states that "[s]ubject to the general provisions regarding the classification of parts, parts of the goods of this heading are also classified here." It is our position that the wire with holes and notches, and the wire with notches, are identifiable parts of windshield wipers. The holes and notches are present to facilitate the insertion of the wire into the rubber blade of a windshield wiper. As noted, the wires do not undergo further processing upon importation, and are ready for insertion into rubber blades. However, we find that the wire without holes or notches, even though it does not undergo further processing upon importation, is not an identifiable part of a windshield wiper. Avins Industrial Products Co. v. U.S., 72 Cust. Ct. 43 (1974) aff'd, 515 F.2d 782 (CCPA 1975), dealt with the importation of antenna wire under the Tariff Schedules of the United States (TSUS). The court in Avins stated that "the fact that the instant merchandise has been cut to length and is in certain dimensions making it particularly adaptable for use in producing radio antennas does not take it out of the category wire and into that of an unfinished part." HQ 087047, dated May 14, 1990, dealt with the classification of circular steel blanks, which, after importation, were to be processed into torque converter covers. In that ruling, it was held that, even though the blanks were cut and shaped to precise diameter requirements, they did not possess the essential character of torque converter covers. It was stated that "[t]he fact that these steel circles may, in all instances, be used only to make torque converter covers is not legally dispositive as to their essential character. There is no evidence that the circles in issue here are incapable of being made into other articles requiring the same grade of steel." Because the plain wire has not had holes or notches cut into it, it is our position that the wire is subject to other uses. As in Avins, just because the wire is cut to length and is in certain dimensions making it particularly adaptable for use as a part of a windshield wiper does not take it out of the category of wire. There is no evidence that the wire is incapable of being made into other articles requiring the same dimensions as that of the plain wire. Because the wire without holes or notches is susceptible to multiple uses, it is our position that it is classifiable under subheading 7222.20.00, HTSUS, which provides for: "[b]ars and rods, not further worked than cold-formed or cold-finished." HOLDING: The wire with holes and notches, and the wire with notches, is classifiable under subheading 8512.90.90, HTSUS. The general, column one rate of duty is 3.1 percent ad valorem. The wire without holes or notches is classifiable under subheading 7222.20.00, HTSUS. The general, column one rate of duty is 10.6 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division