CLA-2 RR:TC:MM 959467 JAS
Ms. Christine Johnson
Robert Bosch Corp.
8101 Dorchester Road
Charleston, SC 29418
RE: Striker; Electromechanical Device for Securing an Automobile
Door When Closed; Base for Electric Control or the Distribution of Electricity, Heading 8537; Automobile Part or Accessory, Heading 8708; Section XVI, Note 1(l), Section XVII, Note 2(f); HQ 959474
Dear Ms. Johnson:
Your letter to the National Commodity Specialist Division,
New York, dated June 11, 1996, on behalf of Bomoro US, Inc., has
been referred to this office for reply. Your inquiry concerns
the classification of an automotive part from Germany called a
Striker. A sample accompanied your letter of October 4, 1996,
and a representative of Bomoro provided us with additional
technical information by telephone.
FACTS:
The Striker, designated part #32517244.G04.B04, consists of
two 16 inch-long insulated wires in a flexible rubber sheath with
an electrical plug on one end and a rubber-coated steel housing,
matching metal facing plate with bolt holes, and rubber gasket on
the other end. The housing is mounted by the facing plate to the
vertical B-pillar of the BMW C-3 Roadster, one per door. The
plug is a connector with two metal pins or male leads which mate
with female counterparts in the automobile's wiring harness.
When the car door closes, the latch activates a switch in the
Striker's housing. This either opens or closes an electrical
circuit that transmits a signal to electrical apparatus in the
car that the door is either open or closed. Available
information does not indicate whether this signal is displayed - 2 -
audibly or visually. Simultaneously, the door latch has a
component that connects with the Striker's housing to keep the
door from opening when the car is in motion.
The provisions under consideration are as follows:
8537 ...[o]ther bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity:
8537.10 For a voltage not exceeding 1,000 V:
8537.10.90 Other...4.3 percent ad valorem
* * * *
8708 Parts and accessories of the motor vehicles of headings 8701 to 8705:
Other parts and accessories of bodies
(Including cabs):
8708.29 Other:
8708.29.50 Other...2.9 percent ad valorem
ISSUE:
Whether the Striker is a good provided for in heading 8537.
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.
Articles of Section XVII, which includes heading 8708, are
excluded from Section XVI, which includes heading 8537. Section
XVI, Note 1(l), HTSUS. For purposes of heading 8708, the - 3 -
expression "parts" and "parts and accessories" do not apply to
electrical machinery or equipment (Chapter 85). Section XVII,
Note 2(f), HTSUS. Therefore, if the Striker is a good of heading
8537, or any other heading of Chapter 85, it cannot be classified
in heading 8708.
The Striker incorporates two apparatus of heading 8536 (a
plug and a switch), and functions to distribute electricity in
the form of a signal. However, it also incorporates a rubber-coated steel housing. This housing permits mechanical
interaction with the door latch to keep the door from opening
while the car is in motion. This is a significant additional
function not appropriate to electrical apparatus of heading 8537.
HQ 959474, dated September 27, 1996, held that a device
incorporating automotive window switches and a louvered grille
with mechanical components was not a switch of heading 8536, but
an automotive component of heading 8708.
HOLDING:
From their design, and the additional technical information
provided, the Striker, designated part #2517244.G04.B04, appears
suitable for use solely or principally with motor vehicles of
heading 8703. Under the authority of GRI 1, the Striker is
provided for in heading 8708. It is classifiable in subheading
8708.29.50, HTSUS.
Sincerely,
John Durant, Director
Tariff Classification
Appeals Division