CLA-2 CO:R:C:M 088507 CMS
9031.90.40, 8479.89.90
District Director Of Customs
555 Battery St.
P.O. Box 2450
San Francisco, CA 94126
RE: Application For Further Review of Protest No. 28090-000884
(PRO-4-C:O), Dated May 25, 1990; Parts And Accessories;
Motor Vehicle Body Straightening System; Automobile;
Automotive; Frame; Optical; Laser; Measuring And Checking
Instrument; Hydraulic
Dear Sir:
This protest was filed against your liquidation dated
March 9, 1990, in which certain parts and accessories of a motor
vehicle body straightening system were classified in 9017.80.00,
HTSUSA.
FACTS:
The merchandise consists of certain parts and accessories of
a motor vehicle body straightening system described as the
Dataliner. The system uses laser beams and scales to measure the
bodies of automobiles damaged by collision and calibrate them for
straightening. Hydraulic devices and chains are then used to
straighten the automobile body to the desired position. The
lasers and scales are used throughout the straightening process.
The measuring and straightening components are attached to
frames.
The protestant claims that the merchandise should be
classified in 8708.29.00, HTSUSA, as parts and accessories of the
motor vehicles of Headings 8701 to 8705.
-2-
ISSUE:
Is the merchandise classified in Heading 8708 as parts and
accessories of the vehicles of Headings 8701 to 8705, in Heading
9017 as parts and accessories of certain measuring instruments,
in Heading 9031 as parts and accessories of measuring and
checking instruments, n.s.p.f., in Heading 8479 as parts and
accessories of machines and mechanical appliances having
individual functions, n.s.p.f., or in Headings which specifically
describe the parts and accessories?
LAW AND ANALYSIS:
The merchandise is not classified in Heading 8708. The
machines for which the articles under consideration are parts and
accessories are repair systems, not motor vehicles. The protest
should be denied on these grounds.
A complete Dataliner system is a GRI 3(b) composite good,
classified according to the component which gives it its
essential character.
The system essentially consists of components that measure
and check the condition of the vehicle body, and components that
actually straighten the vehicle body.
The desired result from the use of the Dataliner is a
properly straightened vehicle body. The hydraulic devices and
chains mounted on the frame are the components that straighten
the vehicle body. The measuring and checking components are
substantial components and aid in the use of the straightening
components, but the desired result from the use of the system is
not to merely obtain a measurement or check the vehicle body.
The role of the straightening components in relation to the
use of the Dataliner system supports the finding that the
straightening components give the Dataliner system its essential
character.
The straightening components are not described by Headings
9017 or 9031. The straightening components are essentially
mechanical devices. The only heading which describes the
components is Heading 8479, which covers machines and mechanical
appliances having individual functions, n.s.p.f.
The issue of whether the parts under consideration are
described in eo nomine provisions has not been addressed by the
protestant. The information provided is insufficient for us to
conclusively determine the specific eo nomine provisions which
may apply, or whether the articles are not described in specific
-3-
provisions and are thus properly classified as parts and
accessories in Heading 8479. Accordingly, no independently
arrived classifications can be provided.
HOLDING:
The protest should be denied. A copy of this decision
should be attached to the Form 19 Notice of Action.
Sincerely,
John Durant, Director
Commercial Rulings Division