Glass rear-view mirrors for motorcycles, bicycles and automobiles; parts; heading 8708; heading 8714

HQ 953270 March 16, 1993 CLA-2 CO:R:C:M 953270 LTO CATEGORY: Classification TARIFF NO.: 7009.10.00 Ms. Jean Maguire Area Director U.S. Customs Service, New York Region Room 423 6 World Trade Center New York, New York 10048-0945 RE: Glass rear-view mirrors for motorcycles, bicycles and automobiles; parts; heading 8708; heading 8714 Dear Ms. Maguire: This is in response to your memorandum [CLA:70:S:N:N3:226] of January 8, 1993, concerning the classification of glass rear- view mirrors for motorcycles, bicycles and automobiles under the Harmonized Tariff Schedule of the United States (HTSUS). FACTS: The articles in question are glass rear-view mirrors for motorcycles, bicycles and automobiles. The motorcycle and bicycle mirrors are composed of a glass mirror (measuring approximately 3x5 inches) in a chrome covered metal base. A metal rod that attaches to the handle bar of a motorcycle or bicycle extends from the base. The automobile mirrors are similar to those described above, except that they have a larger base and stem. Another automobile mirror, which is described as an "actuator sub-assembly," has a small motor. A short plastic/rubber covered cable protrudes from the center of the motor. ISSUE: Whether the glass rear-view mirrors for motorcycles, bicycles and automobiles are classifiable as parts under, respectively, subheadings 8714.99.90, 8714.19.00, and 8708.99.50, HTSUS. - 2 - LAW AND ANALYSIS: The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ." The headings at issue are as follows: 7009 Glass mirrors, whether or not framed, including rear-view mirrors * * * * * * * * * * * * * 8708 Parts and accessories of the motor vehicles of headings 8701 to 8705 * * * * * * * * * * * * * 8714 Parts and accessories of vehicles of headings 8711 to 8713 The FNIS in Chicago believes that the mirrors are classifiable as parts under headings 8708 [automobiles] and 8714 [motorcycles, bicycles], HTSUS. The basis for his opinion is that the mirrors are more than a mirror by virtue of the metal mounting brackets; they have been converted into new articles which are no longer mirrors covered by heading 7009, HTSUS. The rear-view mirrors in question, except for the one referred to as an "actuator sub-assembly," are composed of a glass mirror in a chrome-covered metal base and a metal rod, which attaches to the handle bar of a motorcycle or bicycle, and to the side of an automobile. The "actuator sub-assembly" is composed of a mirror that rests on a base and has a small motor attached. The purpose of the motor is simply to move the mirror. It is ancillary to the mirror. The Harmonized Commodity Description and Coding System Explanatory Note (EN) to heading 7009, HTSUS, pg. 933, states that the heading includes rear-view mirrors for vehicles. Subheading 7009.10.00, HTSUS, specifically provides for rear- view mirrors for vehicles. Based on the information provided, it is our opinion that the articles in question are rear-view mirrors covered by this subheading. HOLDING: The rear-view mirrors are classifiable under subheading - 3 - 7009.10.00, HTSUS, which provides for "[g]lass mirrors, whether or not framed, including rear-view mirrors . . . [r]ear-view mirrors for vehicles. Sincerely, John Durant, Director