CLA-2:CO:R:C:M 955987 JAS

Ms. Sharon Nelson
Douglas Corporation
620 12th. Ave. South
Minneapolis, MN 55415

RE: Automotive Nameplates of Molded Plastics, Die Cast Zinc and Screen Printed Polyester; Sign Plates for Automobiles and Trucks, Adhesive Backed With Inserts, Clips, Washers; Plates With Symbols, Logos, Names, Letters and Numbers Further Treated By Electroplating, Coloring, Embossing, Urethane Pouring; Heading 8310; Automotive Parts and Accessories, Heading 8708; Articles of Plastics, Heading 3926; GRI 3(b), Essential Character Dear Ms. Nelson:

In a letter dated February 21, 1994, you inquire as to the tariff classification of identification nameplates and adhesive backed polyester identification labels for automobiles and trucks. Fourteen (14) samples were submitted.

FACTS:

The nameplates consist of an oval with the vehicle name Ford; the vehicle model names Bronco Eddie Bauer, F Series, Aerostar XL, L 9000 and Taurus, the letters S and O, both elongated, and the symbols for Cougar and Mustang, the latter affixed to a metal bracket. These name plates are of injection molded plastic or die-cast zinc construction, which may then be electroplated with chrome and coated with urethane, after which they are fitted with aluminum of acrylic inserts, washers, clips and inserts. In addition, there are two circular, tri-shield, adhesive-backed plastic Buick insignia of screen printed embossed polyester film. One is 1/2 inch thick at the top tapering to 1/4 inch thick at the bottom. The other has the appearance of being flat, but actually tapers around the circumference. Finally, there are two identification labels of screen printed polyester, showing an elongated G, which are urethane coated and adhesive backed. - 2 - The provisions under consideration are as follows:

3919 Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls:

3919.90 Other:

3919.90.50 Other...5.8 percent

* * * * 3926 Other articles of plastics and articles of other materials of headings 3901 to 3914:

3926.90.95 Other...5.3 percent

* * * *

8310.00.00 Sign plates, name plates, address plates and similar plates, numbers, letters and other symbols, of base metal, excluding those of heading 9405...3.8 percent

* * * * 8708 Parts and Accessories of the motor vehicles of headings 8701 to 8705

Other parts and accessories:

8708.99.80 Other...3.1 percent

ISSUE:

Whether the name plates, or any of them, are automotive parts and accessories for tariff purposes; whether they are provided for in heading 8310; whether any of the name plates are composite goods classifiable according to their essential character.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not - 3 -

require otherwise, according to GRIs 2 through 6. Under GRI 3(b), composite goods consisting of different materials or made up of different components that cannot be classified according to GRI 3(a) are to be classified as if consisting of that material or component that imparts the good's essential character.

Regarding the possible application of heading 8708, that provision encompasses parts and accessories for the motor vehicles of headings 8701 through 8705. The term "accessory" is not defined either in the text of the HTSUS or in the Harmonized Commodity Description And Coding System Explanatory Notes. However, an accessory, while identifiable as being intended solely or principally for use with a specific article, is generally not necessary to enable a good with which it is used to fulfill its intended function. Accessories are of secondary importance, not essential in and of themselves. However, they must somehow contribute to the effectiveness of the principal article, they must facilitate its use or handling, widen its range of uses, or improve its operation. The nameplates in issue do not comport with this description. They are merely decorative in nature and used as advertising, with no useful purpose relative to the vehicles with which they are used. The described name plates are not goods of heading 8708.

Our examination of the samples indicates the Cougar head and L 9000 insignia are of die cast zinc electroplated with chrome or zinc. The Mustang insignia consists of a base metal bracket onto which is affixed a chrome plated horse shape also of base metal. These samples comport with the product description for base metal sign plates and name plates of heading 8310.

The insignia designated F Series, Bronco Eddie Bauer and the Ford oval are of injected molded plastic electroplated with chrome or zinc. No single heading covers composite articles of this type. It is the chrome or zinc on the letters that contrasts with the background and makes them recognizable. This imparts product identification and provides a protective coating. However, it is the injection molded plastic that imparts the shape and form of the letters and the background, as well as strength to the entire insignia. Under GRI 3(b), we conclude that it is the plastic that imparts the essential character to these insignia. They are therefore articles of plastics of heading 3926. The Taurus, Aerostar XL, as well as the elongated S and O insignia are also of injection molded plastics that are mask or roller painted with an unspecified material. For the same reason, these insignia are articles of plastics of heading 3926.

The sample identification labels of screen printed polyester are urethane coated plastic film, printed on one side and adhesive backed on the reverse side. They comport with the product description of goods of heading 3919. The tapered Buick - 4 -

insignia are not flat shapes for heading 3919 purposes. They are provided for in heading 3926, HTSUS, as articles of plastics and articles of other materials of headings 3901 to 3914.

HOLDING:

Under the authority of GRI 1, the Cougar head, Mustang and L 9000 insignia are provided for in heading 8310.00.00, HTSUS. The sample identification labels of screen printed polyester are provided for in heading 3919. They are classifiable in subheading 3919.90.50, HTSUS. The tapered Buick insignia are provided for in heading 3926. They are classifiable in subheading 3926.90.95, HTSUS.

Under the authority of GRI 3(b), the insignia designated F Series, Bronco Eddie Bauer, the Ford oval, Taurus, Aerostar XL, plus the elongated S and O are provided for in heading 3926. They are classifiable in subheading 3926.90.95, HTSUS.


Sincerely,


John Durant, Director
Commercial Rulings Division