CLA-2 CO:R:C:M 952493 DWS

District Director
U.S. Customs Service
3600 E. Paisano
Building B, Room 134
Bridge of the Americas
El Paso, TX 79985

RE: IA 53/92; Wiring Harness Assemblies; HQ 951223; HQ 088477; Explanatory Note 85.44; Section XVII, Note 2(f); 8714.19.00

Dear Sir:

This is in response to your memorandum of July 17, 1992 (CLA 1-EP:C DC), forwarding a letter dated October 14, 1991, from Rudolph Miles & Sons, Inc., on behalf of Electro Wire Products, Inc., requesting internal advice concerning the tariff classification of wiring harness assemblies under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of four types of wiring harness assemblies, all dedicated for use in automobiles. The importer claims that the assemblies are manufactured and assembled in Mexico. Model no. F2UB-12A581 is used to connect an engine control module to engine sensors. The assembly contains four relays, one diode, and several fuses. Model no. F2UB-9D930 is used to electronically control fuel injectors which supply fuel to an automobile engine. Present in the assembly is a resistor and a diode. Model no. F2UB-14A200 is used to supply electrical power for the window and power door lock systems of an automobile. Present in the assembly is a fuse panel and circuit breakers. Model no. F2DB-14405 is used to supply electrical power for an automobile's rear lamps. Some of these assemblies in this model type contain diodes, and all contain lengths of resistance wire.

ISSUE:

What is the proper classification of the subject merchandise under the HTSUS? LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The importer claims that the assemblies are classifiable under subheading 8714.19.00, HTSUS, which provides for: "[p]arts and accessories of vehicles of headings 8711 to 8713: [o]f motorcycles (including mopeds): [o]ther." However, it is your position that the merchandise is classifiable under subheading 8544.30.00, HTSUS, which provides for: "[i]nsulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors: [i]gnition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships."

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989). In part, Explanatory Note 85.44 (p. 1403, 1404), HTS, states:

[p]rovided they are insulated, this heading covers electric wire, cable and other conductors (e.g., braids, strip, bars) used as conductors in electrical machinery, apparatus or installations. . . .

Wire, cable, etc., remain classified in this heading if cut to length or fitted with connectors (e.g., plugs, sockets, lugs, jacks, sleeves or terminals) at one or both ends.

The subject assemblies satisfy the above descriptions. They are essentially insulated conductors with connectors. Although the assemblies possess other electric components, these components merely facilitate the conduction of electricity. Therefore, it is our position that the subject merchandise is classifiable under subheading 8544.39.00, HTSUS.

Because the importer argues that the assemblies are classifiable as parts under heading 8714, HTSUS, section XVII, note 2(f), HTSUS, is pertinent. It states that:

2. The expression "parts and accessories" do not apply to the following articles, whether or not they are identifiable as for the goods of this section:

(f) Electrical machinery or equipment (chapter 85).

Because the assemblies are classifiable as electric conductors, and therefore classifiable under chapter 85, HTSUS, under section XVII, note 2(f), HTSUS, they are precluded from classification under chapter 87, HTSUS.

The importer cites several rulings, including HQ 088477, dated May 9, 1991, to argue that the addition in the assemblies "of other discrete electronic components makes them (the assemblies) more than just wiring sets." HQ 088477 dealt with the classification of a wiring harness assembly which contained a fuse box with 19 fuses, a lamp socket with lamp, a lamp monitor module with a microprocessor, a door ajar module, and a glove box switch with lamp and socket.

In HQ 951223, dated July 17, 1992, wiring harness assemblies dedicated for use with motorcycles were classified. Similar to the subject assemblies, the various types of assemblies classified in that ruling contained fuses, fuse boxes, relays, conductors, connectors, and diodes. In dealing with the application of HQ 088477 to the assemblies in HQ 951223, it was stated that:

[i]n HQ 088477 (5/9/91), Customs addressed the classification of [wiring harness assemblies] with various electrical devices . . . . for installation into a motor vehicle. We stated that this type of device did not satisfy the terms of heading 8544, HTSUS, based on the fact that it incorporated a substantial number of devices in addition to connectors. The IA applicant argues that the subject [wiring harness assemblies] also possess devices other than connectors, and thus do not satisfy the terms of heading 8544, HTSUS. However, the devices in HQ 088477 did not facilitate the conduction of electricity, but performed other functions (i.e., lighting). Consequently, we do not find the result in HQ 088477 instructive for the resolution of this matter.

Because the electrical components contained within the subject assemblies facilitate the conduction of electricity, cases concerning assemblies containing devices which perform other functions (i.e., lighting) are not instructive as to the classification of the subject merchandise.

It is our position that the subject wiring harness assemblies are classifiable under subheading 8544.30.00, HTSUS.

HOLDING:

The wiring harness assemblies are classifiable under subheading 8544.30.00, HTSUS, which provides for: "[i]nsulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors: [i]gnition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships." The general, column one rate of duty is 5 percent ad valorem.

Because the merchandise is manufactured in Mexico, upon the meeting of certain regulations, the assemblies will be entitled to duty free treatment under the Generalized System of Preferences.

You should advise the internal advice applicant of this decision.

Sincerely,

John Durant, Director
Commercial Rulings Division