HQ 0083729 - Reconsideration of New York letter 835808, concerning the classification of bicycle tire rim strips - United States International Trade Commision Rulings

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HQ 083729

May 11, 1989

CLA-2 CO:R:C:G 083729, 835808

CATEGORY: CLASSIFICATION

TARIFF NO.: 4012.90.20; 4012.90.50, 8714.99.90

Mr. Thomas F. Shannon and
Mr. Michael R. Kershow
Collier, Shannon, Rill & Scott
1055 Thomas Jefferson Street, N.W.
Washington, D.C. 20007

RE: Reconsideration of New York letter 835808, concerning the classification of bicycle tire rim strips

Dear Mr. Shannon and Mr. Kershow:

You requested a reconsideration of New York letter 835808, which concerned the classification of bicycle tire rim strips, on behalf of your client, the Bicycle Manufacturers Association of America, Inc.

FACTS:

New York letter 835808 of September 27, 1988, classified bicycle tire rim strips under the provision for parts and accessories of vehicles of headings 8711 to 8713, other, other, other, in subheading 8714.99.90, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We note that bicycles are covered in Heading 8712, HTSUSA.

You ask that we modify New York letter 835808 by classifying bicycle tire rim strips under the provision for solid or cushion tires, interchangeable tire treads and tire flaps, of rubber; other; other; of natural rubber, in subheading 4012.90.20 HTSUSA, or under the provision for solid or cushion tires, etc., of rubber; other; other; other in subheading 4012.90.50, HTSUSA.

ISSUE:

What is the correct tariff classification for bicycle tire rim strips?

LAW AND ANALYSIS:

General Rule of Interpretation (GRI) 3(a), HTSUSA, says, in part, "The heading which provides the most specific description shall be preferred to headings providing a more general descrip- tion." Applying GRI 3(a) to the provisions mentioned above, it is obvious that the two provisions for solid or cushion tires, interchangeable tire treads and tire flaps are more specific than the provision for parts and accessories of vehicles of headings 8711 to 8713. We further note that Additional U.S. Rule of Interpretation 1(c), provides in the absence of special language or context which otherwise requires, a provision for parts of an article covers products solely or principally used as a part of such article but a provision for 'parts' or 'parts and accessories' shall not prevail over a specific provision for such part or accessory. Following both GRI 3(a) and Additional U.S. Rule of Interpretation 1(c), HTSUSA, we find that the instant bicycle tire rim strips are classified in subheading 4012.90.20 if they are of natural rubber or in subheading 4012.90.50 if they are of synthetic rubber. New York letter 835808 is modified accordingly.

HOLDING:

New York letter 835808 is modified as set forth above. Bicycle tire rim strips are classified in subheadings 4012.90.20 or 4012.90.40, HTSUSA, depending upon the type of rubber.

Sincerely,

John Durant, Director

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