CLA-2 CO:R:C:F 951279 ALS
District Director of Customs
Patrick V. McNamara Building
477 Michigan Ave.
Detroit, Michigan 48266
RE: Request for Further Review of Protest 3801-1-103044, dated
November 7, 1991, Concerning Neoprene Rubber Boot Seal Kits
for Constant Velocity Joints of Front-Wheel-Drive
Automobiles
Dear Mr. Morandini:
This ruling is on a protest that was filed against your
decision of October 6, 1991, in the liquidation of an entry
covering the referenced article.
FACTS:
The article under consideration is described as "boot kits to
clamp on the ends of axles of front-wheel-drive cars to keep out
dust and dirt, of synthetic rubber...part number 244.8510RA." Each
kit contains a neoprene boot, two steel clamps, one or two steel
circlips (wire rings to retain the constant velocity (CV) joint on
the shaft), one or two packets of grease.
ISSUE:
What is the classification of synthetic rubber boot kit used
in connection with a CV joint on a front-wheel-drive automobile?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's) taken in order.
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GRI 1 provides that the classification is determined first in
accordance with the terms of the heading and any relative section
and chapter notes. If GRI 1 fails to classify the goods and if
the heading and legal notes do not otherwise require, the remaining
GRI's are applied, taken in order.
The article under consideration was classified under
subheading 4016.99.5050, HTSUSA, the provision for other articles
of vulcanized rubber other than hard rubber, other. The protestant
states that the article should be classified under subheading
4016.93.0000, HTSUSA, which provides for other articles of
vulcanized rubber other than hard rubber...gaskets, washers and
other seals. The protestant states that the boots are clamped into
position to seal in grease and seal out environmental contaminants
such as dirt and water.
In considering this matter, we consulted automotive industry
representatives and publications of The Engineering Society For
Advancing Mobility Land Sea Air and Space, SAE International Inc.
Based on these discussions and a consideration of the SAE Standard
in SAE J901 MAR85 concerning universal joints and driveshafts, we
have concluded that the rubber portion of the article under
consideration is best described as a boot seal and the remaining
items, mounting and installation hardware. Section 3.2.2.4 of
Standard J901 describes a boot seal as a flexible member which
prevents the escape of lubricant from or entry of foreign matter
into the universal joint. In discussions with industry
representatives, we learned that the most important property of the
boot seal is its dynamic characteristic, i.e., the fact that it can
bend, twist, etc., in connection with the movement of the CV joint
which it covers. A boot seal must be of good quality, be capable
of operating at different angles and flexing 1000 times a minute
without distortion while operating at high speed. It is the
dynamic aspect of a boot seal, which meet industry standards, that
causes it to differ from a normal seal which fits between two non-
flexible members, does not flex and is inside the members being
joined. Thus, while both seals and boot seals share several
similar properties, i.e., they keep grease in and keep dirt out,
they differ in their primary functional uses. The industry
considers a seal and a boot seal to be different items used for
different purposes.
We also discussed other items referred to as boots with the
automotive industry representatives. These items are used to cover
such items as a gear shift lever, the steering rack and pinion, and
spark plugs where they join the spark plugs wires. We were advised
that the industry considers these items to be dust covers.
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Based on the above information, we next considered what
subheading might be applicable to the boot seal kit. The
alternative possibilities, as previously noted, were subheading
4016.99.5050, HTSUSA, providing for other articles of vulcanized
rubber other than hard rubber, other, and subheading 4019.93.0000,
HTSUSA, providing for other articles of vulcanized rubber other
than hard rubber...gaskets, washers and other seals. We also noted
that it might be appropriate to consider subheading 4016.99.1500,
HTSUSA, which provides for articles of vulcanized rubber other than
hard rubber, other...caps, lids, seals, stoppers and other
closures.
We felt that the boot seals are not associated with caps,
lids, stoppers and closures and that subheading 4016.99.1500,
HTSUSA, is clearly inapplicable to the article under consideration.
We next considered the applicability of subheading 4016.93.0000,
HTSUSA, as suggested by the protestant. While we noted that the
boot kit seal had many of the characteristics similar to seals,
gaskets, etc., we noted significant differences between the two
groupings. The seal was internal and fixed in relation to the
operation of non-flexible members while the boot seal was external
and dynamic in relation to the operation of flexible members.
Since neither of the subheadings under consideration
specifically covered the total kit, which is a composite of
materials, it is, pursuant to GRI 2(b), to be classified according
to the principles of GRI 3. Classification under
GRI 3(a) is not possible because the two subheadings are equally
specific in view of the aforementioned distinction between seals
and boot seals. We next considered the classification of the
product under GRI 3(b), which calls for classification based on
essential character.
According to the Explanatory Notes to the Harmonized System,
which represent the opinion of the international classification
experts, essential character may be determined by the nature of
the material or component, its bulk, quantity, weight or value, or
by the role of the constituent material in relation to the use of
the goods. While the article is composed of rubber, metal and
grease components, it is clear that the rubber boot is the primary
operative component of the kit and that the other items are merely
installation and mounting hardware. We, therefore, have concluded
that the rubber boot seal is the item which gives the kit its
essential character and that it should govern the classification
of the subject article.
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HOLDING:
A rubber boot seal kit composed of a rubber boot seal, along
with installation and mounting hardware, which is designed to be
used in connection with a constant velocity joint on a front-
wheel-drive automobile and to keep in grease in while keeping out
dirt and other contaminants, is classifiable under subheading
4016.99.5050, HTSUSA. Merchandise so classifiable is subject to
a general rate of duty of 5.3 percent ad valorem.
Since the rate of duty under the classification indicated
above is the same as the liquidated rate, you are instructed to
deny the protest in full.
A copy of this decision should be attached to the Customs Form
19 and provided to the protestant as part of the notice of action
on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division