HQ 950630

MARCH 13 1992

CLA-2:CO:R:C:M 950630 JAS

Mr. Michael Mitchell
Chief, Customs Information Exchange
6 World Trade Center
New York, New York 10048

RE: Knobs for Washer/Dryers; Parts of Home Appliances; Parts of General Use; Section XVI, Note 2; Fittings and Mountings; Heading 8302, 8450, HTSUS; HRLs 082334, 083984

Dear Mr. Mitchell:

This is our response to an electronic Customs Form 6431, dated September 4, 1991, relating to entry C39 00565715. The merchandise in issue is control knobs for Speed Queen washer/dryers.

FACTS:

Four (4) samples were submitted, designated Speed Queen part numbers 32866, 33117, 33610 and 61315. Each is a control knob of extruded plastic between 1 and 2 inches in diameter with metal sleeve insert. Two of the knobs have chrome trim.

The concerned NIS cites Headquarters rulings in which similar articles were held to be classifiable in Chapter 84 as parts of the machine with which they are solely or principally used. The NIS believes that these articles are a type of mounting or fitting, and thus qualify as parts of general use, whether metal or plastic. This would preclude them from classification in HTS Chapter 84. The local import specialist agrees that the Headquarters rulings omit any discussion of whether the articles considered therein may have been "parts of general use."

ISSUE:

Whether the control knobs are "parts of general use" for purposes of Section XVI, Note 1(g), HTSUS. - 2 -

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 require otherwise, according to GRIs 2 through 6.

The knobs are acknowledged to be solely or principally used with household or laundry-type washing machines of heading 8450, including machines which both wash and dry. Such parts are classifiable in subheading 8450.90.00, HTSUS, except if they are parts of general use, of base metal (section XV), or similar goods of plastics (chapter 39). Section XVI, Note 1(g), HTSUS. The expression "parts of general use" includes, among other things, articles of heading 8302, base metal mountings, fittings and similar articles, suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like. Section XV, Note 2(c), HTSUS.

In view of Note 1(g), the issue is not so much whether the instant plastic washer/dryer knobs are articles similar to base metal mountings and fittings of heading 8302 but, reading heading 8302 in para materia, whether such plastic knobs are "suitable" for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like. In our opinion, the instant washer/dryer knobs are integral working parts of washing machines and, by design or function, have no practical or commercial relationship to the articles listed in heading 8302. In our opinion, washing machines of heading 8450 do not have the characteristics of and are not similar or akin to furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, and caskets. The subject knobs, therefore, are not suitable for these articles.

Headquarters rulings 082334, dated October 23, 1989, and 083984, dated October 26, 1989, both held knobs similar to the ones in issue here to be classifiable in Chapter 84 as parts of the machine with which they are solely or principally used, or as machinery parts not specified or included elsewhere in [Chapter 84] where no principal use was established. We agree that some discussion of Section XVI, Note 1(g) in these rulings would have been appropriate. However, we believe the conclusions reached in these rulings are correct and should not be disturbed. - 3 -

HOLDING:

The Speed Queen parts 32866, 33117, 33610, and 61315 are not plastic goods similar to the parts of general use of heading 8302. Under GRI 1, these parts used solely or principally with machines of heading 8450 are classifiable in subheading 8450.90.00, HTSUS.

Sincerely,

John Durant, Director
Commercial Rulings Division