CLA-2 CO:R:C:G 087542 CMS

8302.30.30

Ms. Barbara Klausman
James J. Boyle & Co.
315 S.W. 5th Ave., #520
Portland, OR 97204

RE: Aluminum Wind Deflectors; Parts And Accessories Of Automobiles And Motor Vehicles; Base Metal Mountings And Fittings For Motor Vehicles; Spoilers; Coachwork

Dear Ms. Klausman,

Your request dated June 20, 1990, on behalf of Automotive Accessories Manufacturers Inc., for a classification ruling on certain wind deflectors has been referred by the Regional Commissioner of Customs, New York to Customs Headquarters for a reply. Our ruling follows.

FACTS:

The merchandise consists of aluminum wind deflectors designed for use as automotive accessories. Installation instructions for a wind deflector designed for use on a Toyota 4-Runner were submitted with the ruling request. The Toyota 4-Runner wind deflector is entered in the form of a kit which includes an aluminum deflector blade, two ABS plastic blade supports, six bolts M5 x 20.0 mm, six rivet nuts M5 and four screws #10-24. The deflector blades are installed across the rear part of the roof of the vehicle.

ISSUE:

Is the merchandise classified as base metal mountings, fittings and similar articles suitable for coachwork and the like in Heading 8302, or as parts and accessories of motor vehicles in Heading 8708?

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LAW AND ANALYSIS:

Heading 8302 in pertinent part describes base metal mountings, fittings and similar articles suitable for coachwork or the like. Subheading 8302.30 specifically describes mountings, fittings and similar articles suitable for motor vehicles.

Heading 8708 describes parts and accessories of the motor vehicles of Headings 8701 to 8705. The wind deflectors under consideration are principally used on motor vehicles classified in Headings 8703 and 8704. Subheading 8708.29 describes other parts and accessories of motor vehicle bodies.

There are no relevant section or chapter notes which are instructive on the classification of the merchandise.

Not all base metal mountings and fittings suitable for motor vehicles are classified in Heading 8302. The article description for Heading 8302 specifically provides that the mountings and fittings are suitable for "coachwork...and the like".

"Coachwork" is defined by Webster's New International Dictionary, 2nd Ed., Unabridged, 1934, as follows:

finishing work done on a coach, esp. an automobile body

(emphasis added)

The term "finishing" is defined by Webster's New International Dictionary, 2nd Ed., Unabridged, 1934, as follows:

the act or process of completing or perfecting; that which completes or perfects; the final work upon or ornamentation of a thing

The Explanatory Notes to Heading 8302, p. 1119, provide further guidance on the meaning of the term "coachwork", especially as it is used in the article description of Heading 8302. The Heading 8302 Explanatory Note exemplars include articles which are principally decorative (e.g., ornamental beading strips); interior mountings or fittings which serve some utilitarian function but which are not principally designed for -3-

use in the actual operation (i.e. driving) of the vehicle (e.g., foot rests, grip bars, rails and handles, rods and spring mechanisms for blinds, interior luggage racks, window operating mechanisms, specialized ash trays); fasteners and similar articles for body parts which are not principally designed for use in the actual operation of the vehicle (e.g., brackets and fastening fittings for blinds and tail-boards).

Heading 8302 articles are generally not mounted or fitted on the exteriors of vehicles (e.g., interior luggage racks were included in the Heading 8302 exemplars; however, luggage racks mounted on the exteriors of vehicles are specifically described in the exemplars in the Explanatory Notes to Heading 8708, p. 1432).

The Explanatory Notes to Heading 8302, p. 1118, provide that Heading 8302 "...does not...extend to goods forming an essential part of the structure of the article, such as window frames or swivel devices for revolving chairs" (emphasis in original). However, the Explanatory Notes do not provide for the converse of this statement, i.e., that articles which do not form an essential part of the structure of the vehicle are necessarily included in Heading 8302. In fact, several articles which do not form an essential part of the structures of motor vehicles are among the exemplars in the Explanatory Notes to Heading 8708, p. 1432 (e.g., floor mats, visors, exterior luggage racks).

The exemplars in the Explanatory Notes to Heading 8708, p. 1432, include articles which form the bodies of vehicles (e.g., floor boards, side panels, doors, window frames); interior mountings or fittings which are principally designed for use in the operation of the vehicle, or fasteners for such articles (e.g., visors, steering column brackets); articles principally designed for safety purposes (e.g., permanently affixed seat belts); interior articles which are not mounted or fitted (e.g., floor mats).

The Heading 8708 exemplars also include exterior mountings, fittings or fasteners, especially those which perform significant utility functions (e.g., exterior luggage racks, number plate brackets). Like these articles, the wind deflector blades under consideration are exterior mountings which perform significant utility functions. The deflector blades are designed to deflect wind and influence the aerodynamic behavior of the vehicle. Some persons may install wind deflectors on vehicles for ornamental purposes, but the deflectors remain in a class or kind of merchandise which is principally used for utility purposes.

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The wind deflector blades are described by Heading 8708 and are classified in 8708.29.00, HTSUSA, as parts or accessories of the bodies of the motor vehicles of Headings 8701 to 8705.

The blade supports, bolts, nuts and screws are sold together with the deflector blade as a kit which is given a single part number. Provided they are entered with the deflector blades in a manner suitable for sale directly to users without repacking, the blade supports, bolts, nuts and screws are classified with the deflector blades as a GRI 3(b) set in 8708.29.00, HTSUSA.

HOLDING:

The Toyota 4-Runner wind deflector blades are classified in 8708.29.00, HTSUSA, as parts of accessories of the bodies of the motor vehicles of Headings 8701 to 8705.

Provided they are entered with the deflector blades in a manner suitable for sale directly to users without repacking, the blade supports, bolts, nuts and screws are classified with the deflector blades as a GRI 3(b) set in 8708.29.00, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division