CLA-2OT:RR:CTF:TCM: H202336ERB
Ms. Justine Bacani
Customs Specialist
6400 Katella Avenue
Cypress, CA 90630-5208
RE: Reconsideration of NY N178399; Tariff classification of car door components
Dear Ms. Bacani:
U.S. Customs and Border Protection (CBP) issued you, on behalf of Mitsubishi Motors North America, Inc. (Mitsubishi), New York Ruling Letter (NY) N178399, dated August 16, 2011. NY N178399 pertains to the tariff classification under the Harmonized Tariff Schedule of the United States, (HTSUS) of two models of car door assemblies. On December 8, 2011, you submitted a request for reconsideration of this ruling, with regards to one of the two models. Specifically, the classification of the “Base, FR Door Outside Handle, LH” part number 5716A309. You also submitted to this office additional information and pictures, via email dated March 19, 2015, and March 23, 2015. We have reviewed NY N178399 and do not find it to be in error with regards to the tariff classification of part 5716A309. Our analysis follows.
NY N178399, dated August 16, 2001, states the following, in relevant part:
The merchandise under consideration is “Base, FR Door Outside Handle, LH” part number 5716A307 and “Base, FR Door outside Handle, LH,” part number 5716A309, which are designed as service parts for Mitsubishi automobiles.
“Base, FR Door Outside Handle, LH,” part number 5716A307 includes the following components: a “Base” base of molded plastic; a “Lock Actuator Assembly” consisting of a steel level and a steel spring; and a steel screw and nut. The “Lock Actuator Assembly” serves to open the door through the “Handle Rod” (not included) and returns the handle and locking mechanism (not included) to their original positions; it does not include an electronic actuator.
“Base, FR Door Outside Handle, LH,” part number 5716A309 is identical in design and function to the “Base, FR Door outside Handle, LH,” part number 5716A307; however, it also incorporates a “Switch Keyless Operation,” which facilitates the process of unlocking the door. The “Switch Keyless Operation” consists of a push button type switch attached to a six inch long wire harness. The “Switch Keyless Operation” is used on vehicles equipped with a “Smart Keyless Entry System.” In this type of vehicle the driver does not need to hold a key or “Keyless Entry Transmitter” (fob) in hand. The driver can gain entry to and operate the vehicle when the fob is carried in close proximity, such as in a pocket or purse.
The “Switch Keyless Operation” is accessible from the vehicle exterior and is used to lock the vehicle without a key. When the push button of the “Switch Keyless Operation” is pressed, a signal is transmitted to the “Keyless System Control Module,” (not included). The “Keyless System Control Module” detects the signal and transmits a signal to the fob. If the fob is in close proximity, it receives the signal and transmits a signal back to the “Keyless System Control Module”, which in turn triggers the locking mechanism to lock all doors.
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You indicate that the “Switch Keyless Operation” comprises two thirds of the value of the “Base, FR Door Outside Handle, LH,” part number 5716A309. Additionally, the “Switch Keyless Operation” plays a significant role in the electronic operation of the door locking mechanism. Accordingly by application of GRI 3(b), the “Switch Keyless Operation” imparts the essential character to the “Base, FR Door Outside Handle, LH,” part number 5716A309.
The applicable subheading for the “Base, FR Door Outside Handle, LH,” part number 5716A309 will be 8301.60.0000, HTSUS, which provides for parts of padlocks and locks (key, combination or electrically operated), of base metal. The rate of duty will be 2.8 percent ad valorem.
In your request for reconsideration, you argue that by application of GRI 3(b), which applies to goods which are prima facie classifiable under two or more headings, and where classification is determined by the component that imparts the goods’ essential character, the “Base, FR Door Outside Handle, LH,” part number 5716A309 should be classified in subheading 8544.30, HTSUS, which provides for, “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships.”
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.
The Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System, which, although not dispositive or legally binding, are generally indicative of the proper interpretation of the HTSUS, provide that heading 83.01 covers electrically operated locks, which may be operated by a radio wave signal. The ENs continue, that the heading therefore covers, inter alia, locks for doors, for automobiles.
The “Base, FR Door Outside Handle, LH,” part 5716A309, is comprised of a steel lock actuator assembly and a switch keyless operation which sends and receives radio wave signals in order to lock and unlock the vehicle’s door. In other words, the components of part 5716A309 are designed, manufactured, and used together to lock and unlock a vehicle’s door locking mechanism, to allow the user ingress and egress. NY N178399 noted that the door lock cylinder and the handle rod were not included with the subject merchandise in its condition as imported. In NY N055575, dated April 3, 2009, CBP classified a car tail gate latch which did not contain a cylinder in subheading 8301.60.00, HTSUS, as a part of a lock. Similarly, in NY N021123, dated December 28, 2007, this office classified a product described as a mechanical front door latch assembly for an automobile, imported without a lock cylinder in subheading 8301.60.00, HTSUS. The logic and analysis of these rulings applies to the instant goods. The subject merchandise is a “part” of a locking device, of heading 8301, HTSUS.
It should be noted that NY N178399 classified part 5716A309 pursuant to GRI 3(b), with the “Switch Keyless Operation” imparting the goods’ essential character. But the “Base, FR Door Outside Handle, LH,” part 5716A309 is imported assembled. The good, in its entirety, is a part of a vehicle’s door locking mechanism, and is classifiable pursuant to GRI 1. Identifying its essential character is unnecessary.
Thus, by application of GRI 1, the subject “Base, FR Door Outside Handle, LH,” part number 5716A309 is provided for in heading 8301, HTSUS. It is specifically provided for in heading 8301.60.0000, HTSUSA (Annotated), which provides for, “Padlocks and locks (key, combination or electrically operated), of base metal; clasps and frames with clasps, incorporating locks, of base metal; keys and parts of any of the foregoing articles, of base metal: Parts.” The general column one rate of duty is 2.8% ad valorem. Duty rates are provided for your convenience and subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at www.usitc.gov
NY N178399 is hereby AFFIRMED.
Sincerely,
Myles B. Harmon, Director
Commercial and Trade Facilitation Division