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HQ 088507


May 20, 1991

CLA-2 CO:R:C:M 088507 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9017.80.00, 8708.29.00
9031.90.40, 8479.89.90

District Director Of Customs
555 Battery St.
P.O. Box 2450
San Francisco, CA 94126

RE: Application For Further Review of Protest No. 28090-000884 (PRO-4-C:O), Dated May 25, 1990; Parts And Accessories; Motor Vehicle Body Straightening System; Automobile; Automotive; Frame; Optical; Laser; Measuring And Checking Instrument; Hydraulic

Dear Sir:

This protest was filed against your liquidation dated March 9, 1990, in which certain parts and accessories of a motor vehicle body straightening system were classified in 9017.80.00, HTSUSA.

FACTS:

The merchandise consists of certain parts and accessories of a motor vehicle body straightening system described as the Dataliner. The system uses laser beams and scales to measure the bodies of automobiles damaged by collision and calibrate them for straightening. Hydraulic devices and chains are then used to straighten the automobile body to the desired position. The lasers and scales are used throughout the straightening process. The measuring and straightening components are attached to frames.

The protestant claims that the merchandise should be classified in 8708.29.00, HTSUSA, as parts and accessories of the motor vehicles of Headings 8701 to 8705.

ISSUE:

Is the merchandise classified in Heading 8708 as parts and accessories of the vehicles of Headings 8701 to 8705, in Heading 9017 as parts and accessories of certain measuring instruments, in Heading 9031 as parts and accessories of measuring and checking instruments, n.s.p.f., in Heading 8479 as parts and accessories of machines and mechanical appliances having individual functions, n.s.p.f., or in Headings which specifically describe the parts and accessories?

LAW AND ANALYSIS:

The merchandise is not classified in Heading 8708. The machines for which the articles under consideration are parts and accessories are repair systems, not motor vehicles. The protest should be denied on these grounds.

A complete Dataliner system is a GRI 3(b) composite good, classified according to the component which gives it its essential character.

The system essentially consists of components that measure and check the condition of the vehicle body, and components that actually straighten the vehicle body.

The desired result from the use of the Dataliner is a properly straightened vehicle body. The hydraulic devices and chains mounted on the frame are the components that straighten the vehicle body. The measuring and checking components are substantial components and aid in the use of the straightening components, but the desired result from the use of the system is not to merely obtain a measurement or check the vehicle body.

The role of the straightening components in relation to the use of the Dataliner system supports the finding that the straightening components give the Dataliner system its essential character.

The straightening components are not described by Headings 9017 or 9031. The straightening components are essentially mechanical devices. The only heading which describes the components is Heading 8479, which covers machines and mechanical appliances having individual functions, n.s.p.f.

The issue of whether the parts under consideration are described in eo nomine provisions has not been addressed by the protestant. The information provided is insufficient for us to conclusively determine the specific eo nomine provisions which may apply, or whether the articles are not described in specific
provisions and are thus properly classified as parts and accessories in Heading 8479. Accordingly, no independently arrived classifications can be provided.

HOLDING:

The protest should be denied. A copy of this decision should be attached to the Form 19 Notice of Action.

Sincerely,


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