HQ 0950834 - IA 70/91; Automotive Passive Seat Belt Rail Assemblies; "electric motors;" 8501; EN 85.01; Section XVI, Note 1(l); Section XVII, Note 2(f); HQ 083955; HQ 086832; HQ 087909; HQ 950557; HQ 950870 - United States International Trade Commision Rulings

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HQ 950834

March 6, 1992

CLA-2 CO:R:C:M 950834 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.29.00

District Director
U.S. Customs Service
Patrick V. McNamara Building
477 Michigan Avenue
Detroit, Michigan 48266

RE: IA 70/91; Automotive Passive Seat Belt Rail Assemblies; "electric motors;" 8501; EN 85.01; Section XVI, Note 1(l); Section XVII, Note 2(f); HQ 083955; HQ 086832; HQ 087909; HQ 950557; HQ 950870

Dear Sir:

Your memorandum of November 27, 1991 [APP-6-01-CO:CT KT] requested internal advice on the classification of automotive passive seat belt rail assemblies under the Harmonized Tariff Schedule of the United States (HTSUS). Our decision follows.

FACTS:

The articles in question are automotive passive seat belt rail assemblies. The seat belt assembly is installed in the front door frames of the vehicle. When the door is closed, the seat belt folds over the occupants automatically without requiring them to buckle up. When the door is opened, the belt is returned to a position that allows the occupant unhindered egress or entry. The seat belt assembly consists of four separate assemblies: (1) a rail assembly; (2) a buckle/emergency buckle assembly [buckle assembly]; (3) a cable assembly; and (4) a take up drum/motor drive assembly.

The Rail Assembly consists of a guide rail, mount clips, a forward mount bracket, dust seals and a forward and rear limit switch. On impact with the Buckle Assembly, the limit switches send a signal to the vehicle's on board computer (not part of the subject assembly) advising that the Buckle Assembly has reached its most forward or rearward position. The mounting brackets- 2 -
provide the structural means for attaching the Rail Assembly to the car body.

The Buckle Assembly consists of the following components: lower and upper cover; ejector button; push button; push button guide; latch; ejector spring; push button spring; rivet; and buckle base. The Buckle Assembly provides the connection between the Rail Assembly and the belt webbing and tongue mounted on the center console. The Buckle Assembly travels between the forward and rearward limits of the Rail Assembly. In an emergency situation, the belt webbing can be disconnected by depressing the push button on the Buckle Assembly. The belt webbing moves away from the passenger to allow exit and entry when the vehicle door is opened, and crosses over the passenger when the door is closed.

The Cable Assembly consists of a wire cable, tube clamp, and plastic guide beads. The Cable Assembly is attached to the Buckle Assembly. The wire cable pushes/pulls the Buckle Assembly along the channel of the Rail Assembly.

The Take Up Drum/Motor Assembly consists of an electric motor, take up drum, mounting bolts, mounting brackets and a drum case assembly. The take up drum is an internal part of the Motor Drive Assembly. The drum stores the excess wire cable in a compact cell similar to a fishing line on a fishing reel.

ISSUE:

Whether the automotive passive seat belt rail assemblies are classifiable as electric motors under Heading 8501, HTSUS, or as parts of motor vehicles under Heading 8708, HTSUS.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

The two competing headings are as follows: (1) Heading 8501 [Section XVI], HTSUS, which provides for "[e]lectric motors and generators (excluding generating sets);" and (2) Heading 8708 [Section XVII], HTSUS, which provides for "[p]arts and accessories of the motor vehicles of heading 8701 to 8705."

Section XVI, Note 1(l), states that Section XVI does not
cover articles of Section XVII. Thus, if the articles in question are classifiable in Section XVII, they cannot be classified as "[e]lectric motors" under Heading 8501, HTSUS. However, Section XVII, Note 2(f), states that the expressions "parts" and "parts and accessories" do not apply to electrical machinery or equipment (chapter 85), even if they are identifiable as goods of this section. Therefore, if the articles are classifiable as electrical machinery or equipment under chapter 85, they are not classifiable as "parts" or "accessories" in chapter 87.

Heading 8501, HTSUS, describes electric motors. The Harmonized Commodity Description and Coding System Explanatory Note (EN) 85.01, pg. 1333, states that "[e]lectric motors are machines for transforming electrical energy into mechanical power." This group includes 'rotary motors,' which produce mechanical power in the form of a rotary motion, and these motors "remain classified here even when they are equipped with pulleys, with gears or gear boxes, or with a flexible shaft for operating hand tools." EN 85.01(I)(A), pgs. 1333-1334. This heading also includes "outboard motors" in the form of a unit comprising an electric motor, shaft, propeller and a rudder. EN 85.01, pg. 1334.

Based on these notes, Heading 8501, HTSUS, has been broadly interpreted. In HQ 083955, dated July 10, 1989, clutch motors, which contained a clutch mechanism, a braking mechanism, and a belt pulley to transmit power, were classified under Heading 8501, HTSUS. In that ruling, we stated "electric motors imported with additional components which complement the function of a motor were intended to remain classifiable in heading 8501."

In HQ 086832, dated May 21, 1990, spindle motors, which were composed of a spindle, a mounting platform for the disk drive, a brushless D.C. motor, and other components which aided the spindle's function, were classified under Heading 8501, HTSUS, even though the motors were specifically designed for use with automatic data processing machines. In that ruling, we reasoned that "[i]t is clear that a motor remains a motor for tariff purposes despite having other articles attached to it. These other articles can be quite substantial."

In 087909, dated December 26, 1990, a "DC Motor-Gear Box Assembly," which was composed of an assembly of four gears enclosed by a metal ring, a shaft, a metal bracket, insulating wires and a motor, was classified under Heading 8501, HTSUS, even though the insulating wires connected to the motor's terminals were not specifically named in the Explanatory Notes. We
reasoned that the wires were similar to other devices listed because they were devices with which electric motors are commonly equipped. In that ruling, we stated "[i]f Heading 8501 motors may be equipped with articles as substantial as gear boxes, shafts, propeller and rudders, then it logically follows that the motors may be equipped with two wires connected to the terminals of the motors."

In HQ 950557, dated December 26, 1991, windshield wiper motors, which included a spline for attachment to the wiper arm and a gear drive, were classified under Heading 8501, HTSUS. We concluded that "gear mechanisms and shafts serve merely to transmit the power the motors produce, and do not remove the subject motors from heading 8501."

Recently, in HQ 950870, dated January 17, 1992, windshield wiper motor assemblies, which consisted of a gear assembly, a wiring harness, a linkage assembly, and a parking mechanism, were classified under Heading 8501, HTSUS. In this ruling, we reasoned that, as the gear mechanisms and the shafts in HQ 950557, "the linkage assembly and the parking mechanism serve to transmit the power the motor produces," and therefore, the windshield wiper motor assemblies were classifiable as "electric motors."

The Explanatory Notes and the rulings interpreting Heading 8501, HTSUS, make it clear that electric motors equipped with additional components, remain classifiable in this heading, even if those other components are "quite substantial." However, it is equally clear that Heading 8501, HTSUS, does not encompass every assembly which includes an electric motor. When confronted with an assembly incorporating a motor which includes additional components other than those listed in EN 85.01, the rulings described above provide the following guidelines--an electric motor is classifiable under Heading 8501, HTSUS, even when imported with additional components (other than those listed in EN 85.01) if:

(1) those additional components complement the function of the motor [HQ 083955];
(2) those additional components are devices which motors are commonly equipped [HQ 087909]; (3) those additional components serve merely to transmit the power the motors produce [HQ 950557].

The automotive passive seat belt rail assemblies consist of four separate assemblies: (1) a rail assembly; (2) a buckle
assembly; (3) a cable assembly; and (4) a take up drum/motor drive assembly. The assembly in question is not similar to those listed in EN 85.01, nor does it fall into any of the three categories of assemblies listed above.

The additional components of the seat belt assembly--the Rail Assembly, the Buckle Assembly, and the Cable Assembly--do not serve merely to complement the function of the motor, nor do they serve merely to transmit the power the motor produces. Unlike the clutch motor assembly classified in HQ 083955, and the windshield wiper motor assemblies classified in HQ 950557 and HQ 950870, the seat belt assembly contains the actual mechanism or device the motor serves to power. The seat belt assembly is similar to the above-mentioned windshield wiper assemblies imported with the wiper arm and wiper blade, or a motor with a flexible shaft for operating handtools imported with the handtools. Neither would be classifiable under Heading 8501, HTSUS. Moreover, the additional components of the seat belt assembly are not devices which motors are commonly equipped, such as insulating wires. For these reasons, the assembly in question is not classifiable under Heading 8501, HTSUS.

Heading 8708, HTSUS, describes parts of the motor vehicles of Headings 8701 to 8705, HTSUS. The seat belt assembly is principally used on the motor vehicles of Heading 8703, HTSUS. Therefore, the assembly is classifiable under subheading 8708.29.00, HTSUS, which describes other parts of motor vehicle bodies.

HOLDING:

The Automotive Passive Seat Belt Rail Assembly is classifiable under subheading 8708.29.00, HTSUS, which provides for "[p]arts and accessories of the motor vehicles of headings 8701 to 8705 . . . [o]ther parts and accessories of bodies . . . [o]ther." The corresponding rate of duty for articles of this subheading is 3.1% ad valorem.

The Internal Advice applicant should be advised about this decision.

Sincerely,

John Durant, Director

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