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HQ 085698


October 15, 1990

CLA-2 CO:R:CV:G 085698 JLV

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.90.20; 8516.90.60

District Director of Customs
P.O. Box 9516
El Paso, Texas 79985

RE: Internal Advice 42-89; wiring harness for electric range; insulated electrical conductors fitted with connectors, relays, indicator lamps, thermostats, or dampeners

Dear Sir:

In a memorandum of May 22, 1989, you forwarded a request from Rudolph Miles and Sons, El Paso Texas (submitted on behalf of their client, General Electric Company), in which they ask that you seek advice under section 177.11 of the Customs Regulations (19 CFR 177.11) on the classification of wiring harnesses for electric ranges. Samples were submitted. Our decision follows.

FACTS:

The merchandise consists of insulated wires which have been (1) cut to various lengths, (2) assembled into different combinations of wires for use as wiring harnesses in electric ranges and microwave ovens, (3) fitted, for the most part, with female blade or pin connectors, and (4) joined with one or more of the following electrical components: indicator lamp, relay, thermostat, switch, or acoustical dampener. Six samples were received as examples of the types of assemblies that are imported: assembly nos. 164D9041G003 (harness, 2 indicator lamps, and 1 fuse), 164D9065G002 (harness, 2 relays mounted on a bracket), 164D9068G004 (harness, 5 indicator lamps, 1 thermostat, and 1 fuse), 164D9111G001 (harness, 1 indicator lamp, and 1 switch), 205C1178G001 (harness, 3 relays mounted on a bracket), and a sixth assembly (no number; harness, 3 relays mounted on a bracket, and 1 dampener).

The importer concludes that these wiring harnesses with electrical components are classified as parts of electric ranges (or microwave ovens) on the basis of legal note 2(a), section XVI, as directed by General Rule of Interpretation 1 (GRI 1), Harmonized Tariff Schedule (HTSUSA), because heading 8516 provides for these articles and their parts. It is your position, however, that all of the merchandise falls within the terms of heading 8544, HTSUSA, and, therefore, is classified in that heading on the basis of legal note 2(a), the same one cited by the importer.

ISSUE:

Do the assemblies of insulated electrical conductors and electrical components fall within the terms of heading 8544, 8536, 8539 or any other heading of chapter 84 or 85, HTSUSA, and the relative section XVI notes?

LAW AND ANALYSIS:

The terms of heading 8544 relate, in pertinent part, to insulated electrical conductors, whether or not fitted with connectors. Neither the terms of the heading nor the Explanatory Notes (EN) to heading 85.44 consider the condition of these conductors when further assembled or joined with electrical components other than connectors. Similarly, the terms of headings 8536 (electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits, such as switches, relays, fuses, surge protectors) and 8539 (electrical filament or discharge lamps) and the EN to headings 85.36 and 85.39 are silent as to whether the terms of the headings are intended to apply to these articles when assembled or joined with wiring harnesses.

We have ruled on the classification of similar merchandise. In a ruling letter of August 6, 1990 (file 086940), we held that certain automotive wiring harnesses consisting of insulated wire, lamp sockets and lamps were classified as parts of automotive lighting equipment in subheading 8512.90.60, HTSUSA, pursuant to legal note 2(b) of section XVI, HTSUSA (modifying our ruling letter of November 8, 1989, file 083290, in which we had held that similar harnesses were classified in subheading 8544.30.00 as composite machines or functional units pursuant to legal notes 3 and 4 of section XVI).

In a ruling letter of August 10, 1989 (file 082793), automotive wiring harnesses, if assembled with light bulbs, were classified in subheading 8544.30.00, HTSUSA, but under
the rationale that GRI 3(b) applied. In view of the ruling of August 6, 1990 (file 086940), and for the reasons that follow concerning the assemblies of wiring harnesses and electrical components other than connectors, our ruling letter of August 10, 1989 (file 082793), is revoked in part.

Based on the statements of fact submitted by the importer, the assemblies are specifically designed for use in certain electric ranges and microwave ovens and, as such, are suitable for use solely with these appliances of heading 8515, HTSUSA. These are parts of the appliances. Legal note 2, section XVI, directs classification of parts as follows:

2. Subject to Note 1 to this Section,
Note 1 to Chapter 84 and Note 1 to
Chapter 85, parts of machines * * * are to be classified according to the following rules:

(a) Parts which are goods included in any of the headings of Chapters 84 and
85 * * * are in all cases to be classified in their respective headings;

(b) Other parts, if suitable for use solely or principally with a particular kind of machine * * * are to be classified with the machines of

Contrary to the position taken by the importer, legal note 2(a) of section XVI applies to parts which, by virtue of the fact that they are articles specifically covered by headings of section XVI, are classified in their respective headings. A parts heading or the inclusion of a provision for parts in a heading (such as in heading 8516), do not constitute the "specific" headings within the meaning of legal note 2(a).

The assemblies are not classified in any of the specific headings of chapter 85 solely by the terms of the headings in issue. However, if the terms of a heading apply to the assemblies because they are composite machines or functional units under legal note 3 or legal note 4, section XVI, HTSUSA, then legal note 3 or 4 could be considered as a relative section note under GRI 1. Therefore, these assemblies which are also "parts" of ranges and ovens could be subject to legal
note 2(a) on the classification of parts of machines of chapter 85. Legal notes 3 and 4 to section XVI are:

3. Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines adapted for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.

4. Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or Chapter 85, then the whole falls to be classified in the heading appropriate to that function.

A machine is defined in legal note 5, section XVI:

5. For the purposes of these Notes, the expression "machine" means any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of Chapter 84 or 85.

First, the assembly of a wiring harness and one or more electrical components does not constitute a composite machine because these articles are merely coupled (connected by electrical connectors) together. They are not "fitted together to form a whole" because they are not incorporated one in the other or mounted one on the other, or mounted on a common base or frame or in a common housing so as to be permanently attached. Eventually, each assembly will be incorporated into a common housing, an appliance. But the articles, as imported, are merely two components plugged together. Furthermore, even if the wiring and switches or bulbs were to be considered "fitted together" within the meaning of legal note 3, they do not form a "whole" for the
purpose of performing two or more complementary or alternative functions. Without the completion of the assembly by adding the remaining electrical components with which the wiring harness and the relays, switches, or light bulbs are intended to function, the assembly is, as imported, an incomplete article which lacks identifiable complementary or alternative functions.

Second, the assembly is not a combination of individual components "intended to contribute together to a clearly defined function" covered by one of the headings in chapter 84 or chapter 85. The EN to legal note 4 of section XVI 4 refers to a combination of machines and components which are "essential to the function specific to the functional unit as a whole[.]" The assembly is incomplete. In such a case we cannot determine the function of the whole because, in its condition as imported, each assembly lacks components which are essential to the identity of the function of the whole. Therefore, a "clearly defined function" for the incomplete article cannot be determined.

Because the assemblies are not composite machines or functional units within legal notes 3 and 4, section XVI, HTSUSA, the assemblies do not constitute articles covered by a specific heading of chapter 84 or 85. However, legal note 2(b) of section XVI, HTSUSA, directs classification of parts which are suitable for use solely or principally with a particular kind of machine. In this case, the assemblies are suitable for use solely with electric ranges and microwave ovens which are electrothermic articles of a kind used for domestic purposes, of heading 8516, and, therefore, are classified as parts of these articles. Classification, therefore, is under GRI 1 as required by the relative legal note 2(b) of section XVI, HTSUSA.

HOLDING:

The assemblies of wiring harnesses and electrical components for electric ranges or microwave ovens, as described in the facts of this case, are classified as parts of the electrothermic devices for which they are solely or principally suitable for use. The assemblies for electric ranges are classified in subheading 8516.90.20, HTSUSA. The assemblies for microwave ovens are classified in subheading 8516.90.60, HTSUSA.

Ruling letter of August 10, 1989 (file 082793), is revoked in that part concerning the classification of assemblies of wiring harnesses and light bulbs or components
other than connectors. The automotive wiring harnesses consisting of insulated wire, lamp sockets, and lamps are classified as parts of automotive lighting equipment in subheading 8512.90.60, HTSUSA.

Sincerely,

John Durant, Director

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