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HQ 959467




OCTOBER 9, 1996

CLA-2 RR:TC:MM 959467 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.29.50

Ms. Christine Johnson
Robert Bosch Corp.
8101 Dorchester Road
Charleston, SC 29418

RE: Striker; Electromechanical Device for Securing an Automobile Door When Closed; Base for Electric Control or the Distribution of Electricity, Heading 8537; Automobile Part or Accessory, Heading 8708; Section XVI, Note 1(l), Section XVII, Note 2(f); HQ 959474

Dear Ms. Johnson:

Your letter to the National Commodity Specialist Division, New York, dated June 11, 1996, on behalf of Bomoro US, Inc., has been referred to this office for reply. Your inquiry concerns the classification of an automotive part from Germany called a Striker. A sample accompanied your letter of October 4, 1996, and a representative of Bomoro provided us with additional technical information by telephone.

FACTS:

The Striker, designated part #32517244.G04.B04, consists of two 16 inch-long insulated wires in a flexible rubber sheath with an electrical plug on one end and a rubber-coated steel housing, matching metal facing plate with bolt holes, and rubber gasket on the other end. The housing is mounted by the facing plate to the vertical B-pillar of the BMW C-3 Roadster, one per door. The plug is a connector with two metal pins or male leads which mate with female counterparts in the automobile's wiring harness. When the car door closes, the latch activates a switch in the Striker's housing. This either opens or closes an electrical circuit that transmits a signal to electrical apparatus in the car that the door is either open or closed. Available information does not indicate whether this signal is displayed - 2 -
audibly or visually. Simultaneously, the door latch has a component that connects with the Striker's housing to keep the door from opening when the car is in motion.

The provisions under consideration are as follows:

8537 ...[o]ther bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity:

8537.10 For a voltage not exceeding 1,000 V:

8537.10.90 Other...4.3 percent ad valorem

8708 Parts and accessories of the motor vehicles of headings 8701 to 8705:

Other parts and accessories of bodies
(Including cabs):

8708.29 Other:

8708.29.50 Other...2.9 percent ad valorem

ISSUE:

Whether the Striker is a good provided for in heading 8537.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

Articles of Section XVII, which includes heading 8708, are excluded from Section XVI, which includes heading 8537. Section XVI, Note 1(l), HTSUS. For purposes of heading 8708, the - 3 -
expression "parts" and "parts and accessories" do not apply to electrical machinery or equipment (Chapter 85). Section XVII, Note 2(f), HTSUS. Therefore, if the Striker is a good of heading 8537, or any other heading of Chapter 85, it cannot be classified in heading 8708.

The Striker incorporates two apparatus of heading 8536 (a plug and a switch), and functions to distribute electricity in the form of a signal. However, it also incorporates a rubber-coated steel housing. This housing permits mechanical interaction with the door latch to keep the door from opening while the car is in motion. This is a significant additional function not appropriate to electrical apparatus of heading 8537. HQ 959474, dated September 27, 1996, held that a device incorporating automotive window switches and a louvered grille with mechanical components was not a switch of heading 8536, but an automotive component of heading 8708.

HOLDING:

From their design, and the additional technical information provided, the Striker, designated part #2517244.G04.B04, appears suitable for use solely or principally with motor vehicles of heading 8703. Under the authority of GRI 1, the Striker is provided for in heading 8708. It is classifiable in subheading 8708.29.50, HTSUS.

Sincerely,

John Durant, Director
Tariff Classification

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