HQ 0089269 - Protest number 5301-0-000645; parts of forklift trucks; hoses; joint universal; pump gear; springs; brackets; Subheading 8431.20.00; Additional U.S. Rule of Interpretation 1(c); Section XVI, note 2(a); parts of general use; Section XVI, note 1(g); Section XV, note 2(b); Section XV, note 2(c). - United States International Trade Commision Rulings

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HQ 089269

August 21, 1991

CLA-2 CO:R:C:M 089269 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 4009.50.00; 8483.90.80; 8413.60.00; 7320.90.50; 8302.50.00

District Director
U.S. Customs Service
Port of Houston
701 San Jacinto
P.O. Box 52790
Houston, TX 77052

RE: Protest number 5301-0-000645; parts of forklift trucks; hoses; joint universal; pump gear; springs; brackets; Subheading 8431.20.00; Additional U.S. Rule of Interpretation 1(c); Section XVI, note 2(a); parts of general use; Section XVI, note 1(g); Section XV, note 2(b); Section XV, note 2(c).

Dear District Director:

Protest for further review 5301-0-000645 dated 12/05/90, was filed against the classification of various parts of forklift trucks under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The articles under protest are assorted parts of forklift trucks. They include various hoses, a joint universal, a pump gear, springs and brackets.

ISSUE:

Whether the subject articles are properly classifiable within heading 8431, HTSUSA, which provides for parts suitable for use solely or principally with the machinery of headings 8425 to 8430; or classifiable within their respective headings.

LAW AND ANALYSIS:

Heading 4009, HTSUSA, provides for hoses of vulcanized rubber other than hard rubber, with or without their fittings (for example, joints, elbows, flanges). The subject hoses satisfy this description. More specifically, they are provided for within subheading 4009.50.00, HTSUSA, as hoses with fittings. The protestant claims that the subject hoses are specially designed for use on forklift trucks and classifiable as a part of a forklift truck within subheading 8431.20.00, HTSUSA. However, a provision for parts of an article shall not prevail over a specific provision for such part. Additional U.S. Rule of Interpretation 1(c). Heading 4009, HTSUSA, is a specific provision for hoses. Accordingly, the subject hoses are pre- cluded from classification within subheading 8431.20.00, HTSUSA, by the operation of the above legal note.

Heading 8483, HTSUSA, provides for universal joints. The subject joint universal is the cross fitting of a universal joint. Subheading 8483.90.80, HTSUSA, provides for parts of universal joints. The subject joint satisfies this description and is properly classifiable within this subheading. The protestant claims that the subject joint is specially designed for use in forklift trucks and classifiable as a part within subheading 8431.20.00, HTSUSA. However, parts of machines 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. Section XVI, note 2(a). Heading 8483, HTSUSA, is a respective heading for the subject joint. Therefore, the joint universal is precluded from classification within subheading 8431.20.00, HTSUSA, by the operation of the above legal note.

Heading 8413, HTSUSA, provides for pumps for liquids. The subject pump gear satisfies this description. More specifically, the pump gear is provided for within subheading 8413.60.00, HTSUSA, as a rotary positive displacement pump. The claimed distinction by the protestant that the pump gear possesses a flow divider does not change this fact. The pump gear is still a rotary positive displacement pump. As stated previously, parts of machines which are included in any of the headings of chapter 84 are in all cases to be classified in their respective headings. Section XVI, note 2(a). Heading 8413, HTSUSA, is a respective heading for the subject pump gear. Accordingly, the pump gear is precluded from classification within subheading 8431.20.00, HTSUSA, by the operation of the above legal note.

Heading 7320, HTSUSA, provides for springs of iron or steel. The subject springs satisfy this description. More specifically, the springs are provided for within subheading 7320.90.50,

HTSUSA, as other springs of iron or steel. The protestant claims that the subject springs are classifiable as parts of forklift trucks within subheading 8431.20.00, HTSUSA. However, parts of general use, as defined in note 2 to section XV, of base metal, are excluded from chapter 84. Section XVI, note 1(g). Springs are a part of general use. Section XV, note 2(b). Accordingly, the subject springs are precluded from classification within subheading 8431.20.00, HTSUSA, by the operation of the above legal notes.

Heading 8302, HTSUSA, provides for brackets. The subject brackets satisfy this description. More specifically, the brackets are provided for within subheading 8302.50.00, HTSUSA, as brackets. The protestant claims that the subject brackets are classifiable as parts of forklift trucks within subheading 8431.20.00, HTSUSA. As stated previously, parts of general use of base metal are excluded from chapter 84. Section XVI, note 1(g). Brackets are a part of general use. Section XV, note 2(c). Accordingly, the subject brackets are precluded from classification within subheading 8431.20.00, HTSUSA, by the operation of the above legal notes.

HOLDING:

The subject articles are properly classifiable as indicated above. You should deny the protest. A copy of this letter should be attached to the Customs Form 19, Notice of Action, and forwarded to the protestant.

Sincerely,

John Durant, Director
Commercial Rulings Division

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