OT:RR:CTF:CPMM H309235 KSG
Automotive and Aerospace CEE
2810 B West Fort Street
Suite 123
Detroit MI 48242
RE: Protest No. 2095-19-104721: Link arm assembly, tapered washer and hinge assembly
Dear Port Director:
The following is our decision as to Protest and Application for Further Review (AFR) No. 2095-19-104721, which was filed on October 17, 2019, on behalf of MRA Systems, Inc. (“Protestant”). The protest pertains to the classification of three articles: a link arm assembly, a tapered washer, and a hinge assembly under the Harmonized Tariff Schedule of the United States (“HTSUS”). The subject merchandise were entered by protestant on September 16, 2018, in subheading 8803.30, HTSUS in an amended entry. On February 28, 2020, CBP liquidated the entry, classifying the washer in heading 8108, and the hinge assembly and the link arm assembly in heading 8302, HTSUS.
The protestant asserts that the three articles should be classified in heading 8803, HTSUS, as parts of airplanes.
FACTS:
This AFR involves three articles made in Mexico that are used in a translating cowl (trans cowl), which covers part of the engine on an aircraft. The first article is described as part number 612C4108-019, a link arm assembly. It is made of aerospace aluminum alloy with aerospace bearings. The link arm assembly connects the trans cowl to the inner fixed structure. The second article is described as part number 612C4160-003, a tapered washer. It is made of titanium 6-4 alloy and functions to keep two parts separated to maintain an aerodynamic gap. The third article under consideration is described as part number 612C4138, a hinge assembly for block door. It is made of aluminum alloy with aerospace bearings and functions to hold the blocker door to the trans cowl.
ISSUE:
Whether the tapered washer, the hinge assembly, and the link arm assembly are classified in heading 8108 as an article of titanium, in heading 8302 as a hinge or mounting, or in heading 8803 as parts of airplanes.
LAW AND ANALYSIS:
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.
GRI 6 provides that for legal purposes, the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related Subheading Notes and, mutatis mutandis, to the above Rules, on the understanding that only subheadings at the same level are comparable. For the purposes of this Rule the relative Section and Chapter Notes also apply, unless the context otherwise requires.
The HTSUS provisions under consideration are the following:
8108 Titanium and articles thereof, including waste and scrap:
8302 Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof:
8302.10 Hinges, and parts thereof:
8302.49 Other mountings, fittings and similar articles, and parts thereof:
8803 Parts of goods of heading 8801 or 8802:
Note 2, Section XV of the HTSUS, states that throughout the tariff schedule, the expression "parts of general use" means:
(a) Articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metals;
(b) Springs and leaves for springs, of base metal, other than clock or watch springs (heading 9114); and
(c) Articles of heading 8301, 8302, 8308 or 8310 and frames and mirrors, of base metal, of heading 8306.
In chapters 73 to 76 and 78 to 82 (but not in heading 7315) references to parts of goods do not include references to parts of general use as defined above.
Subject to the preceding paragraph and to note 1 to chapter 83, the articles of chapter 82 or 83 are excluded from chapters 72 to 76 and 78 to 81.
Note 2, Section XVII, HTSUS, states that the expressions "parts "and "parts and accessories" do not apply to the following articles, whether or not they are identifiable as for the goods of this section:
Joints, washers or the like of any material (classified according to their constituent material or in heading 8484) or other articles of vulcanized rubber other than hard rubber (heading 4016);
Parts of general use, as defined in note 2 to section XV, of base metal (section XV) or similar goods of plastics (chapter 39);
The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While not legally binding, the ENs provide a commentary on the scope of each heading of the HS and are thus useful in ascertaining the proper classification of merchandise. It is CBP’s practice to follow, whenever possible, the terms of the ENs when interpreting the HTSUS. See T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The EN for heading 8302, provides in pertinent part:
This heading covers general purpose classes of base metal accessory fittings and mountings, such as are used largely on furniture, doors, windows, coachwork, etc. Goods within such general classes remain in this heading even if they are designed for particular uses (e.g., door handles or hinges for automobiles). The heading does not, however, extend to goods forming an essential part of the structure of the article, such as window frames or swivel devices for revolving chairs.
The heading covers:
Hinges of all types (e.g., butt hinges, lift off hinges, angle hinges, strap hinges and garnets).
In Honda of America Mfg. Inc. v. U.S., 67 F.3d 771 (Fed. Cir. 2010), the court held that oil bolts used in cars and motorcycles were properly classified as "parts of general use" even though the bolts had specialized features.
The terms, “mountings” and “fittings” are not defined in either the HTSUS or the Explanatory Notes of the Harmonized Commodity Description Coding System (“ENs”), which constitute the official interpretation of the Harmonized System. We therefore look to its common and commercial meaning. See Nippon Kogasku (USA) Inc. v. United States, 69 C.C.P.A. 89, 92-93 (1982); C.J. Towers & Sons v. United States, 69 C.C.P.A. 128, 133-134 (1982).
CBP has previously stated that: "The term 'mounting' is broadly defined as a frame or support, such as an undercarriage or part on which a device (as a motor or an artillery piece) rests in service, or an attachment for an accessory. Thus, a mounting is generally a component that serves to join two other parts together." HQ 958784 (May 17, 1996). The term “mounting” is described as “something serving as a backing, support, setting etc.” HQ 966458 dated June 19, 2003 and HQ 285929, dated August 14, 2019, which classified a mount for a video camera.
CBP defined a fitting in HQ 966001, dated October 14, 2003, as ''1) a : something used in fitting up: accessory, adjunct, attachment . . . b. a small often standardized part (as a coupling, valve, gauge) entering into the construction of a boiler, steam, water or gas supply installation or other apparatus." Webster’s Third New International Dictionary (unabridged; 1961).
A hinge is defined as a jointed or flexible device on which a door, lid, or other swinging part turns. https://merriam-webster.com/2020/07/13.
A washer is defined as a flat thin ring or a perforated plate used in joints or assemblies to ensure tightness, prevent leakage, or relieve friction. https://merriam-webster.com/2020/07/13.
Note 2 to Section XV of the HTSUS defines articles of headings 7318, the provision for washers of steel, as well as washers of any base metal, and articles of heading 8302 as "parts of general use”. Note 2(a) and 2(b) to Section XVII of the HTSUS, which encompasses heading 8803, states that “washers of any material and parts of general use are excluded from Section XVII”, which covers Chapter 86-89, HTSUS. As such, if the articles are washers or other parts of general use, the articles cannot be classified in heading 8803. We have concluded that the link arm assembly and the hinge assembly are parts of general use. The tapered titanium washer is considered a washer. Since the articles are "parts of general use" including a washer, none of the articles can be classified in Section XVII, which includes heading 8803, HTSUS, as parts of an airplane.
The titanium tapered washer is a flat ring used in an assembly; it has the shape and appearance of a washer. We note that the tapered washer made of titanium has specialized features. Like the bolt in Honda however, it is still a washer. As stated above, Note 2(a), Section XVII, HTSUS specifies that washers of any material cannot be classified as a part. Because it is made of titanium, it cannot be classified in heading 7318, HTSUS. In NY N096402, dated April 1, 2010, titanium fittings were classified in heading 8108, HTSUS. The titanium tapered washer is classified in heading 8108 as an article of titanium and by application of GRI 6, in subheading 8108.90.30, HTSUS.
The hinge assembly is a device used to connect a door and allows it to turn; it is a type of hinge. As stated in the EN, hinges of all types are included in heading 8302. See NY N302830, dated March 26, 2019, classifying a steel hinge assembly for an automobile swing gate in heading 8302, HTSUS, and NY F87760, dated August 2, 2000, classifying a steel hinge assembly for a closure resembling a hatch door in heading 8302, HTSUS. The hinge assembly is classified in heading 8302, HTSUS and would be considered a part of general use.
The link arm assembly would be considered a mounting. It connects two components of the aircraft; the trans cowl to the inner fixed structure. The photograph of the link arm assembly shows it as bolted at one end to the trans cowl attached at the other end to the inner structure. An article that functions to connect or join two other parts together meets the terms of the definition of a mounting. The link arm assembly is classified in heading 8302, HTSUS. This would also be considered a part of general use.
The hinge assembly and the link arm assembly, both made of aluminum, would be classified in heading 8302. By application of GRI 6, the hinge assembly is classified in subheading 8302.10.6090, HTSUS. The link arm assembly is classified in subheading 8302.49.6055, HTSUS.
HOLDING: By application of GRI's 1 and 6, the tapered washer is classified in subheading 8108.90.3060, HTSUS. The hinge assembly and link arm assembly are classified in heading 8302, HTSUS. By application of GRI 6, the hinge assembly is classified in subheading 8302.10.6090, HTSUS. The link arm assembly is classified in subheading 8302.49.6055, HTSUS.
The general column one, rate of duty for the tapered washer is 5.5 % ad valorem. The general column one, rate of duty for the hinge assembly is 3.5 % ad valorem. The general column one, rate of duty for the link arm assembly is 5.7 % ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the internet at www.usitc.gov. You are instructed to DENY the Protest. In accordance with Sections IV and VI of the CBP Protest/Petition Processing Handbook (HB 3500-08A, December 2007, pp. 24 and 26), you are to mail this decision, together with the CBP Form 19, to the Protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.
Sixty days from the date of the decision, the Office of Trade, Regulations and Rulings, will make the decision available to CBP personnel, and to the public on the CBP website at www.cbp.gov, by means of the Freedom of Information Act, and other methods of public distribution.
Sincerely,
for
Craig T. Clark, Director Commercial and Trade Facilitation Division