WEBVTT 00:00:37.008 --> 00:00:39.080 ALVAREZ, LIANA Hey good afternoon, everybody, 00:00:39.080 --> 00:00:44.300 UM hope everyone is doing fine today, I can everyone hear me. 00:00:44.300 --> 00:00:50.310 ALVAREZ, LIANA Any uh please type in a chat bot box, OK awesome. 00:00:50.310 --> 00:00:52.650 That's that's great. 00:00:53.806 --> 00:00:57.116 ALVAREZ, LIANA Uh so just a couple of things before I began. 00:00:58.000 --> 00:01:02.370 If you have any questions during the presentation. 00:01:02.370 --> 00:01:08.800 I have no issues go ahead send send them over to me, I would rather 00:01:08.800 --> 00:01:14.820 that you type it in your in the chat box rather than. 00:01:15.775 --> 00:01:20.180 ALVAREZ, LIANA Unmuting yourself this really uh 00:01:20.180 --> 00:01:24.540 this disrupts they they presentation when although I would love 00:01:24.540 --> 00:01:29.470 to hear from you personally, I I think because at the time limits 00:01:29.470 --> 00:01:34.890 that we have and we would rather that you type it type your questions 00:01:34.890 --> 00:01:37.720 in the chat box. 00:01:37.720 --> 00:01:42.430 ALVAREZ, LIANA Uh alright so uhm let's begin our presentation, UM. 00:01:45.650 --> 00:01:48.230 ALVAREZ, LIANA So today's presentation will be a UM. 00:01:50.275 --> 00:01:53.280 ALVAREZ, LIANA On the trailer cars and parts there off 00:01:53.280 --> 00:01:59.150 and then after I finish with my presentation and you're going to hear 00:01:59.150 --> 00:02:00.520 from Jennifer Jamison. 00:02:00.520 --> 00:02:05.100 ALVAREZ, LIANA And UM national import specialist you do not want to miss, 00:02:05.100 --> 00:02:06.730 this presentation. 00:02:06.730 --> 00:02:07.660 It's very thorough. 00:02:07.660 --> 00:02:10.007 ALVAREZ, LIANA Uh and I'm talking 00:02:10.008 --> 00:02:12.810 about Jennifer 's presentation, not mine. 00:02:12.810 --> 00:02:15.370 I come my name is leanna. 00:02:15.371 --> 00:02:19.551 Alvarez someday national import specialist for railway cars and parts. 00:02:20.860 --> 00:02:23.810 I also handle on automotive parts. 00:02:24.525 --> 00:02:30.690 ALVAREZ, LIANA Uh aircraft engines motors of all types, 00:02:30.690 --> 00:02:33.480 you name it floating structures. 00:02:33.480 --> 00:02:36.680 That's all under my purview. 00:02:36.680 --> 00:02:41.520 So if you have any questions at the end of the this presentation, I will come. 00:02:41.520 --> 00:02:46.330 ALVAREZ, LIANA There will be a slide with my information. 00:02:48.900 --> 00:02:51.570 ALVAREZ, LIANA And I also work with other 00:02:51.570 --> 00:02:57.230 national import specialist associate Patrick Delamora, Uhm. 00:02:57.230 --> 00:02:59.050 I always call him by my partner in crime. 00:02:59.050 --> 00:03:02.560 ALVAREZ, LIANA I'm uhm we, we worked we've been working together 00:03:02.560 --> 00:03:06.840 for we're living years now, so here we are. 00:03:06.840 --> 00:03:12.010 ALVAREZ, LIANA So just a couple of things before we again before we begin. 00:03:14.025 --> 00:03:16.170 ALVAREZ, LIANA Of course, RSVP Mission Statement. 00:03:16.170 --> 00:03:21.030 ALVAREZ, LIANA Uh, which states which covers the protection 00:03:21.030 --> 00:03:23.690 of American people safeguarding our borders 00:03:23.705 --> 00:03:28.245 and enhancing our nation 's economic prosperity. 00:03:29.797 --> 00:03:32.950 ALVAREZ, LIANA And a few disclaimers you'll see a back 00:03:32.950 --> 00:03:38.060 to back uh basically this disclaimer states that this presentation is 00:03:38.060 --> 00:03:40.900 for general informational purposes. 00:03:42.025 --> 00:03:44.050 ALVAREZ, LIANA Will this recording be sent to us. 00:03:44.050 --> 00:03:46.360 I'm not sure that it will be sent to us. 00:03:46.360 --> 00:03:50.640 ALVAREZ, LIANA Come on, it's fun can you come? 00:03:50.640 --> 00:03:54.180 Can you let them know of the OKO journey OK uhm thank you Jeannie? 00:03:54.180 --> 00:03:57.630 ALVAREZ, LIANA Meet up by the way. 00:03:57.630 --> 00:04:00.590 ALVAREZ, LIANA Uh before before I I continue. 00:04:00.590 --> 00:04:06.210 I just wanted to say my in my special thanks to UM funk. 00:04:06.210 --> 00:04:15.010 Jeannie Sandra and Miriam, who are currently working behind the scenes 00:04:15.010 --> 00:04:18.960 and there are technical crew. 00:04:18.960 --> 00:04:20.760 That's not their day job. 00:04:20.760 --> 00:04:24.320 They're doing, it voluntarily and I just want to really thank them 00:04:24.320 --> 00:04:26.270 for all their hard work. 00:04:26.789 --> 00:04:28.749 ALVAREZ, LIANA Thanks. 00:04:31.525 --> 00:04:34.670 ALVAREZ, LIANA So this is basically for this webinars 00:04:34.670 --> 00:04:40.610 for general informational purposes only and it's intended to provide guidance. 00:04:40.610 --> 00:04:45.410 ALVAREZ, LIANA And if we are not going to cover any particular products 00:04:45.410 --> 00:04:49.250 that you have if you have questions on your particular products. 00:04:49.250 --> 00:04:54.730 You can always file for binding ruling and we will issue you a ruling on. 00:04:54.730 --> 00:04:59.240 ALVAREZ, LIANA On your product and also another disclaimer 00:04:59.240 --> 00:05:04.130 that all the audio visual media images video and sound. 00:05:04.130 --> 00:05:08.130 ALVAREZ, LIANA Uh are obtained either through public domain 00:05:08.130 --> 00:05:11.000 or through appropriate copyright licenses. 00:05:13.648 --> 00:05:19.068 ALVAREZ, LIANA And one more disclaimer is that uh that 00:05:19.069 --> 00:05:23.969 because there there are so many complicated factors once again. 00:05:23.970 --> 00:05:28.740 If you have a particular product that you don't know how to classify you. 00:05:28.740 --> 00:05:29.460 Have you you? 00:05:29.460 --> 00:05:31.980 Are you're having any confusion? 00:05:31.980 --> 00:05:34.040 Please send for binding ruling. 00:05:34.040 --> 00:05:38.090 This is the website that you can use? 00:05:38.090 --> 00:05:42.370 ALVAREZ, LIANA There is a file to file for a binding ruling usually hear 00:05:42.370 --> 00:05:45.660 from us within 30 days from the date of the UM. 00:05:45.660 --> 00:05:51.250 ALVAREZ, LIANA Of the application, UM. 00:05:51.250 --> 00:05:56.710 ALVAREZ, LIANA I suggest when you're filing for a binding ruling make sure 00:05:56.710 --> 00:06:02.480 to include as much information as possible again don't assume 00:06:02.480 --> 00:06:08.470 that we know your technical terms because what seems obvious 00:06:08.470 --> 00:06:12.380 to you is not obvious to us again. 00:06:12.380 --> 00:06:17.490 ALVAREZ, LIANA I I handle mostly automotive parts engine parts 00:06:17.490 --> 00:06:19.530 and gents and UM. 00:06:20.741 --> 00:06:25.039 ALVAREZ, LIANA Do these these large machinery 's. 00:06:25.040 --> 00:06:30.590 ALVAREZ, LIANA And sometimes they get technical drawings or blueprints 00:06:30.590 --> 00:06:32.400 and to be honest. 00:06:32.400 --> 00:06:36.340 I don't have a degree in engineering and I don't know how to read them 00:06:36.340 --> 00:06:40.690 so make sure you when you filing for binding rulings. 00:06:40.690 --> 00:06:46.050 ALVAREZ, LIANA Uh for binding ruling you include the information 00:06:46.050 --> 00:06:48.960 and described the product in layman terms 00:06:48.960 --> 00:06:53.950 and submit the actual pictorial representations of the product 00:06:53.950 --> 00:06:59.570 and not just the blueprints or or or or graphic or or graphs. 00:06:59.570 --> 00:07:03.420 ALVAREZ, LIANA Oh again by degrees in criminal justice. 00:07:03.420 --> 00:07:08.030 So I do not know how to read engineering drawings, so dumb 00:07:08.030 --> 00:07:09.330 that doesn't usually help. 00:07:12.900 --> 00:07:18.330 ALVAREZ, LIANA So here is the UM the presentation again. 00:07:18.330 --> 00:07:21.730 It is it's on rail cars and parts there off I was 00:07:21.730 --> 00:07:25.400 a little bit surprised them uh submit that UM. 00:07:27.024 --> 00:07:30.829 ALVAREZ, LIANA You requested for this particular presentation. 00:07:32.774 --> 00:07:37.749 ALVAREZ, LIANA Again, I don't see railway or railroad cars being imported 00:07:37.750 --> 00:07:39.590 into the United States that often. 00:07:39.590 --> 00:07:45.430 I don't get questions on this particular subject that much. 00:07:45.430 --> 00:07:49.780 Although railway ports? 00:07:49.780 --> 00:07:56.060 Is is is it is quiet and a common subject. 00:07:56.060 --> 00:08:00.230 They the railway and in railway cars is not or not. 00:08:00.230 --> 00:08:03.290 I think the last I heard from about railways, it was the. 00:08:03.290 --> 00:08:06.070 ALVAREZ, LIANA Nishu ay case, I don't know I don't know 00:08:06.070 --> 00:08:07.670 if you guys remember this case. 00:08:07.687 --> 00:08:09.230 This was the first sale case. 00:08:09.230 --> 00:08:12.490 ALVAREZ, LIANA If I remember correctly right now 00:08:12.491 --> 00:08:18.090 they they were there were some rules set for the first sales transaction. 00:08:18.090 --> 00:08:19.990 It was bona fide sales. 00:08:19.990 --> 00:08:23.720 ALVAREZ, LIANA That the the the product 00:08:23.720 --> 00:08:29.740 must be a bona fide sale arms length transaction and the 3rd one intended 00:08:29.740 --> 00:08:30.790 for the United States. 00:08:30.790 --> 00:08:37.110 I believe so that's that's ALVAREZ, LIANA uhm when the last I heard 00:08:37.110 --> 00:08:39.820 about Nishu Eva and we use that in our rulings. 00:08:41.150 --> 00:08:43.180 ALVAREZ, LIANA Well, we don't deal with value as much. 00:08:43.180 --> 00:08:47.710 But we do use are this, this as a case study a lot. 00:08:50.275 --> 00:08:53.920 ALVAREZ, LIANA So because this topic does not come up that much. 00:08:53.920 --> 00:09:01.150 I decided to do this presentation based on on on the headings 00:09:01.150 --> 00:09:05.060 in the harmonized tariff schedule of the United States. 00:09:05.060 --> 00:09:07.790 ALVAREZ, LIANA So uhm. 00:09:07.790 --> 00:09:12.680 ALVAREZ, LIANA Before we ALVAREZ, LIANA big in UM. 00:09:13.400 --> 00:09:16.140 ALVAREZ, LIANA I just wanted to come. 00:09:16.140 --> 00:09:18.680 ALVAREZ, LIANA Uh to let you know that. 00:09:18.680 --> 00:09:22.190 ALVAREZ, LIANA Uh so what's what I'm sorry. 00:09:22.190 --> 00:09:22.960 ALVAREZ, LIANA Ah. 00:09:25.150 --> 00:09:27.920 ALVAREZ, LIANA I think I'm in Ghana second. 00:09:27.920 --> 00:09:30.875 I'm having a little bit of a technical issue here. 00:09:30.875 --> 00:09:32.275 ALVAREZ, LIANA Uhm. 00:09:34.009 --> 00:09:38.509 ALVAREZ, LIANA OK so uh what's what's a locomotive, UM. 00:09:38.510 --> 00:09:42.890 ALVAREZ, LIANA Uh locomotive heading 86 or one provides 00:09:42.890 --> 00:09:45.330 for electric locomotives and what's the locomotive. 00:09:45.330 --> 00:09:47.440 They just need to define it. 00:09:47.440 --> 00:09:48.340 The Miriam Webster. 00:09:48.340 --> 00:09:57.790 Dictionary defines locomotives as basically the power had like 00:09:57.790 --> 00:10:02.550 the the power head on rails, so it's the it's the vehicle that. 00:10:04.025 --> 00:10:08.890 ALVAREZ, LIANA That Uh Makarios power for the UM. 00:10:08.890 --> 00:10:12.530 ALVAREZ, LIANA For the railcars, UM. 00:10:13.525 --> 00:10:14.750 ALVAREZ, LIANA Uh. 00:10:15.959 --> 00:10:19.329 ALVAREZ, LIANA Again, I'm I'm experiencing a little bit 00:10:19.330 --> 00:10:21.800 of technical difficulties. 00:10:21.800 --> 00:10:25.160 If you could bear with me for a moment I I apologize. 00:10:25.160 --> 00:10:27.130 ALVAREZ, LIANA Uhm. 00:10:32.648 --> 00:10:34.040 ALVAREZ, LIANA Uhm. 00:10:36.149 --> 00:10:41.269 ALVAREZ, LIANA Oh, I'm sorry I I can't seem to find my notes in the 00:10:41.270 --> 00:10:42.270 in the presentation. 00:10:42.270 --> 00:10:44.680 I probably should have checked that earlier, but 00:10:46.775 --> 00:10:50.749 ALVAREZ, LIANA let me just if you could give me one. 00:10:50.749 --> 00:10:51.875 ALVAREZ, LIANA Ah. 00:10:52.500 --> 00:10:57.400 ALVAREZ, LIANA One minute, I will take a look at all right. 00:10:57.400 --> 00:10:59.875 Uh my again my apologies. 00:10:59.876 --> 00:11:00.836 ALVAREZ, LIANA Uhm. 00:11:06.914 --> 00:11:07.465 ALVAREZ, LIANA Alright. 00:11:10.950 --> 00:11:16.130 ALVAREZ, LIANA So again going back to that to to that first slide in 60 00:11:16.130 --> 00:11:16.990 in 8601. 00:11:16.990 --> 00:11:22.120 ALVAREZ, LIANA On uh the Merriam Webster Dictionary. 00:11:22.120 --> 00:11:27.060 ALVAREZ, LIANA Uhm uhm defines a locomotive as a self propelled vehicle 00:11:27.060 --> 00:11:32.500 that runs on rails and is used for moving railroad cars. 00:11:32.500 --> 00:11:36.000 ALVAREZ, LIANA And basically the electric locomotives are dumb. 00:11:37.525 --> 00:11:39.540 ALVAREZ, LIANA And locomotives that run on rails 00:11:39.540 --> 00:11:44.320 and they they derive their power from powerful accumulator 's 00:11:44.320 --> 00:11:49.380 that are carried in within the vehicle itself or from an external conductor, 00:11:49.380 --> 00:11:55.450 which may be either a rail or an overhead cable. 00:11:57.199 --> 00:12:02.399 ALVAREZ, LIANA So uhm heading 808602, UM. 00:12:03.650 --> 00:12:06.230 ALVAREZ, LIANA Is uh? 00:12:06.230 --> 00:12:11.030 ALVAREZ, LIANA Uh provides for diesel locomotives and tenders. 00:12:11.030 --> 00:12:15.040 ALVAREZ, LIANA Uhm it again it's self explanatory. 00:12:15.040 --> 00:12:18.630 ALVAREZ, LIANA Free up this particular heading. 00:12:19.899 --> 00:12:24.129 ALVAREZ, LIANA Covers up locomotives that are on. 00:12:25.525 --> 00:12:28.885 ALVAREZ, LIANA Uh uh that are not equipped with bogeys. 00:12:29.970 --> 00:12:31.820 It's I think bogies. 00:12:31.820 --> 00:12:38.170 ALVAREZ, LIANA The UM is it British term it means on the undercarriage, 00:12:38.170 --> 00:12:43.910 but I think we use that a lot with the when it comes to 2 trains 00:12:43.910 --> 00:12:44.910 and locomotives. 00:12:45.790 --> 00:12:48.430 I don't know they're the actual pronunciation. 00:12:48.430 --> 00:12:50.360 I hear buggy buggy. 00:12:50.360 --> 00:12:52.489 ALVAREZ, LIANA Some any which way 00:12:52.490 --> 00:12:55.150 that they they they it's pronounced please. 00:12:55.150 --> 00:12:56.470 Correct me if I'm wrong. 00:12:56.470 --> 00:12:58.060 But I I know I use. 00:12:58.060 --> 00:13:01.410 This this word a lot and I don't know how to pronounce it. 00:13:01.410 --> 00:13:05.400 I even try to Google. 00:13:05.400 --> 00:13:08.020 The proper pronunciation of this word. 00:13:08.020 --> 00:13:11.360 But I I I I I got different. 00:13:12.650 --> 00:13:17.200 ALVAREZ, LIANA Opinions on that as well so again. 00:13:17.200 --> 00:13:23.710 These they had the locomotives of heading 86, so 2 are diesel locomotives. 00:13:24.577 --> 00:13:27.419 ALVAREZ, LIANA And uh they are fitted 00:13:27.420 --> 00:13:33.560 with 2 other fitted there usually fitted with only 2 driving axles. 00:13:33.560 --> 00:13:36.840 They're mainly used in stations for moving that wagons 00:13:36.847 --> 00:13:40.457 and by industrial facilities connected with a railways. 00:13:41.452 --> 00:13:46.019 ALVAREZ, LIANA Uh what's the locomotive tender is it's basically. 00:13:47.524 --> 00:13:52.199 ALVAREZ, LIANA A vehicle that carries on the the steam 00:13:52.200 --> 00:13:57.770 or for the water for the for the boiler and 4. 00:13:59.562 --> 00:14:06.849 ALVAREZ, LIANA And UM they're usually consists of a frame up carried on 2 00:14:06.850 --> 00:14:12.190 or more axles and sheet metal so super structure, comprising over closed tank 00:14:12.190 --> 00:14:16.430 for water or Co bunker or fuel oil tank tank. 00:14:16.430 --> 00:14:22.500 ALVAREZ, LIANA Uh attractors that are constructed to both travel on road 00:14:22.500 --> 00:14:24.280 or on rail are excluded. 00:14:24.280 --> 00:14:27.840 There will be regular tractors of heading 8701. 00:14:27.840 --> 00:14:29.630 ALVAREZ, LIANA Uhm. 00:14:34.900 --> 00:14:38.350 ALVAREZ, LIANA Next we have our self propelled railway 00:14:38.350 --> 00:14:41.190 and as you can recognize from the pictures below. 00:14:41.190 --> 00:14:44.350 These are your normal subway cars. 00:14:44.350 --> 00:14:46.570 ALVAREZ, LIANA Uhm or trains, UM. 00:14:48.149 --> 00:14:53.389 ALVAREZ, LIANA Uh streetcars tree trail a street rail cars. 00:14:53.390 --> 00:14:56.840 ALVAREZ, LIANA Uh so these are dumb. 00:15:01.150 --> 00:15:05.560 ALVAREZ, LIANA These are the main feature of these vehicles or that. 00:15:05.560 --> 00:15:11.840 The is that they are fitted with a control cab, either at 1:00 or both ends 00:15:11.840 --> 00:15:17.750 or in a race possession like owning tile tower in the middle. 00:15:17.750 --> 00:15:23.830 The various types of self propel coaches vans and trucks falling 00:15:23.830 --> 00:15:28.060 in this heading would be electrically propelled coaches. 00:15:28.060 --> 00:15:32.080 ALVAREZ, LIANA We're cultures railcars self propelled vehicles. 00:15:34.650 --> 00:15:36.680 ALVAREZ, LIANA Uh by uh by uh functioning 00:15:36.680 --> 00:15:45.240 by being so storage batteries and it should be noted that the motor coaches 00:15:45.240 --> 00:15:50.320 that are convertible into into into street or vehicles. 00:15:50.320 --> 00:15:53.510 ALVAREZ, LIANA Uh but simply by change by changing the wheels 00:15:53.510 --> 00:15:58.240 and lacking the steering would be classified and heading 87 or 2 00:15:58.240 --> 00:16:00.210 as vehicles rather than. 00:16:01.524 --> 00:16:05.179 ALVAREZ, LIANA 86 or 3 as railway come. 00:16:05.180 --> 00:16:08.850 ALVAREZ, LIANA Self propelled railway. 00:16:09.500 --> 00:16:12.260 ALVAREZ, LIANA Heading 8602. 00:16:12.260 --> 00:16:19.930 ALVAREZ, LIANA So is the railway or tramway maintenance or service vehicles. 00:16:19.930 --> 00:16:24.560 ALVAREZ, LIANA Uh these vehicles are UM. 00:16:24.560 --> 00:16:26.710 ALVAREZ, LIANA It's uh uhm. 00:16:26.710 --> 00:16:29.571 ALVAREZ, LIANA There are self explanatory there 00:16:29.572 --> 00:16:31.030 for maintenance and come. 00:16:32.775 --> 00:16:35.551 ALVAREZ, LIANA Uh of the actual railway 00:16:35.552 --> 00:16:37.940 this heading would include workshop, 00:16:37.940 --> 00:16:41.770 van search rocks fitted fitted with tools and machines 00:16:41.770 --> 00:16:46.690 and different lifting machinery, Jacks Voice and welding equipment. 00:16:46.690 --> 00:16:51.330 ALVAREZ, LIANA Uh winch trucks trucks fitted with special equipment 00:16:51.330 --> 00:16:56.510 for cleaning trucks fitted with machinery or for mixing cement trucks 00:16:56.510 --> 00:16:57.980 for calibrating. 00:16:57.980 --> 00:17:03.290 Wade bridges on scaffold trucks for installation and maintenance 00:17:03.290 --> 00:17:07.560 of electric cables are spraying vans and for weed weed killing. 00:17:07.560 --> 00:17:12.230 ALVAREZ, LIANA Being a railway testing coaches 00:17:12.230 --> 00:17:17.100 mechanically propelled trucks track inspection trolleys 00:17:17.100 --> 00:17:21.030 non mechanically propelled track inspection trolleys. 00:17:21.897 --> 00:17:25.269 ALVAREZ, LIANA And so all these vehicles are for maintenance 00:17:25.270 --> 00:17:28.850 of the rail the rails themselves or the railway. 00:17:28.850 --> 00:17:32.120 ALVAREZ, LIANA Uh uhm cars. 00:17:34.024 --> 00:17:40.459 ALVAREZ, LIANA If uh if all this machinery is it is equipped on a 00:17:40.460 --> 00:17:42.850 on a truck or it's it's. 00:17:45.900 --> 00:17:50.080 ALVAREZ, LIANA It's it's not on the railway or tramway under frames, 00:17:50.080 --> 00:17:54.040 then these this particular machinery would probably would 00:17:54.040 --> 00:17:55.290 would be classified as? 00:17:55.305 --> 00:18:03.015 ALVAREZ, LIANA As a as a as a machinery of Chapter 80 Chapter 84, 00:18:04.009 --> 00:18:12.959 Headings 84252426282930 on because these these would be considered 00:18:12.968 --> 00:18:19.548 as rather machinery than than railway maintenance vehicles. 00:18:21.274 --> 00:18:26.849 ALVAREZ, LIANA Then we have our heading 8606, which is our uh, 00:18:26.850 --> 00:18:31.630 which provides for or railway on triway passenger coaches 00:18:31.630 --> 00:18:32.720 that are not self propelled. 00:18:34.400 --> 00:18:38.400 ALVAREZ, LIANA So this heading would include a passenger coaches 00:18:38.400 --> 00:18:39.030 of all clients. 00:18:39.030 --> 00:18:42.940 ALVAREZ, LIANA Uhm funiculars or I like to call them, 00:18:42.940 --> 00:18:44.700 funny colors 'cause they're fonts override. 00:18:44.700 --> 00:18:49.240 ALVAREZ, LIANA And tramways trailer coaches. 00:18:49.240 --> 00:18:51.389 ALVAREZ, LIANA Some special coaches 00:18:51.390 --> 00:18:53.820 for underground transportation of minors. 00:18:54.530 --> 00:18:55.670 ALVAREZ, LIANA Uh. 00:18:56.249 --> 00:19:00.269 ALVAREZ, LIANA Living coaches for railway staff luggage vans 00:19:00.270 --> 00:19:01.280 combined passengers. 00:19:01.280 --> 00:19:06.100 ALVAREZ, LIANA A passenger luggage coaches travelling post office coaches. 00:19:06.101 --> 00:19:09.571 ALVAREZ, LIANA And dumb. 00:19:11.740 --> 00:19:13.300 ALVAREZ, LIANA But. 00:19:13.300 --> 00:19:15.180 ALVAREZ, LIANA Have a ambulance hospital X Ray. 00:19:15.180 --> 00:19:17.370 KIM, JINHEE The other thing Umm I'm still starting you advance 00:19:17.370 --> 00:19:18.080 the slide please. 00:19:19.525 --> 00:19:20.340 ALVAREZ, LIANA On my face. 00:19:20.340 --> 00:19:21.290 ALVAREZ, LIANA Alright, thank you. 00:19:21.290 --> 00:19:22.150 I I I apologize. 00:19:22.150 --> 00:19:24.270 I'm working with 2 screens right now because. 00:19:24.270 --> 00:19:25.870 ALVAREZ, LIANA Uh. 00:19:27.000 --> 00:19:30.050 ALVAREZ, LIANA Yeah, I'm I'm experiencing technical difficulties, 00:19:30.050 --> 00:19:35.410 so I apologize so this is this is the slide 4 heading 86 or 6. 00:19:35.410 --> 00:19:36.370 Thank you so much Jenny. 00:19:36.370 --> 00:19:37.780 ALVAREZ, LIANA Uhm. 00:19:39.409 --> 00:19:45.269 ALVAREZ, LIANA Alright uh and the list goes on and on up for the railway. 00:19:45.270 --> 00:19:48.310 Tramway passenger coaches again. 00:19:48.310 --> 00:19:54.378 If it's not self propelled most likely it will be classified 00:19:54.379 --> 00:19:56.400 in heading 86 or 6. 00:19:58.775 --> 00:19:59.050 ALVAREZ, LIANA Ah. 00:20:01.775 --> 00:20:03.720 ALVAREZ, LIANA I'm sorry in state. 00:20:04.525 --> 00:20:06.130 ALVAREZ, LIANA OK. 00:20:08.900 --> 00:20:11.090 ALVAREZ, LIANA Ah. 00:20:11.090 --> 00:20:16.380 ALVAREZ, LIANA It's dumb this heading also includes my apologies 00:20:16.395 --> 00:20:21.175 on this heading also includes a railway. 00:20:23.188 --> 00:20:26.400 UM goods such as tank wagons and the like. 00:20:27.914 --> 00:20:32.270 ALVAREZ, LIANA The self discharging, UM Ranson wagons up. 00:20:32.270 --> 00:20:38.910 ALVAREZ, LIANA Uh timber caring trucks or serve our trucks horseboxes 00:20:38.910 --> 00:20:45.010 and anything to carry the actual tramway goods and, on and on. 00:20:45.010 --> 00:20:50.910 ALVAREZ, LIANA It uh it yes tramway goods are OK. 00:20:50.910 --> 00:20:51.670 So now we go. 00:20:51.670 --> 00:20:53.830 We we're getting to the fun part. 00:20:53.830 --> 00:21:02.430 I'm heading 86 or 7, which covers parts of railway and. 00:21:02.430 --> 00:21:06.110 ALVAREZ, LIANA Uh tramway locomotive Sir rolling stock. 00:21:08.297 --> 00:21:12.570 ALVAREZ, LIANA So, in order for an article to be classified 00:21:12.570 --> 00:21:15.450 as a part of of another article. 00:21:15.450 --> 00:21:20.400 ALVAREZ, LIANA We need to uh we need to use our general. 00:21:20.408 --> 00:21:24.248 ALVAREZ, LIANA Some rules of interpretation. 00:21:26.211 --> 00:21:27.910 ALVAREZ, LIANA Uh. 00:21:27.910 --> 00:21:29.020 ALVAREZ, LIANA Uh as we call them. 00:21:29.020 --> 00:21:30.600 Gri 's again. 00:21:30.600 --> 00:21:32.920 This is not classification 101. 00:21:32.920 --> 00:21:38.220 I'm not going to go over the the gri 's themselves. 00:21:38.220 --> 00:21:46.290 But I do want to touch up touch on upon a couple of GR eyes 00:21:46.290 --> 00:21:47.800 that are very important. 00:21:47.800 --> 00:21:50.860 ALVAREZ, LIANA Well to keep in mind when. 00:21:50.860 --> 00:21:57.530 ALVAREZ, LIANA When classifying parts of of articles. 00:21:57.530 --> 00:22:04.070 ALVAREZ, LIANA The first and the most the most important one is gri one 00:22:04.070 --> 00:22:05.800 which directs UM. 00:22:05.800 --> 00:22:12.370 ALVAREZ, LIANA Uh, which directs you to classify articles based on. 00:22:12.370 --> 00:22:13.120 ALVAREZ, LIANA Come on. 00:22:13.120 --> 00:22:19.610 ALVAREZ, LIANA It based on on section and chapter. 00:22:19.610 --> 00:22:24.740 Notes so the so the first and foremost. 00:22:24.740 --> 00:22:28.520 We need to review our our section notes and are. 00:22:30.375 --> 00:22:33.385 ALVAREZ, LIANA Heading and our chapter notes. 00:22:34.570 --> 00:22:40.610 ALVAREZ, LIANA And uh as we as we know that this part. 00:22:40.610 --> 00:22:46.730 The this heading states that this heading covers parts of railway or parts 00:22:46.730 --> 00:22:52.530 of locomotives or rolling stock provided that the parse fulfilled both 00:22:52.530 --> 00:22:55.980 or both of the following conditions. 00:22:55.980 --> 00:22:59.377 They must be identifiable as being suitable 00:22:59.378 --> 00:23:04.530 for use solely or principally with with the above mentioned vehicles so. 00:23:04.530 --> 00:23:08.290 ALVAREZ, LIANA They must be designed, UM the articles 00:23:08.290 --> 00:23:11.320 must be designed prefer using railways. 00:23:11.320 --> 00:23:15.300 ALVAREZ, LIANA And again, they must not be excluded by the provisions 00:23:15.300 --> 00:23:20.740 of the nodes to section 17 and the nodes to section 17. 00:23:20.740 --> 00:23:23.760 You can see them in. 00:23:23.760 --> 00:23:27.360 In Section 17 and most of them are. 00:23:27.360 --> 00:23:34.400 We we all know they they the section 17 covers not only railway 00:23:34.400 --> 00:23:41.800 and locomotives, but also vehicles aircraft and floating structures. 00:23:41.800 --> 00:23:45.320 ALVAREZ, LIANA As we all know chapter 89 00:23:45.320 --> 00:23:50.910 for floating structure does not provide for parts or parts and accessories. 00:23:50.910 --> 00:23:56.180 However, all the other vehicles and aircraft. 00:23:57.525 --> 00:24:00.430 ALVAREZ, LIANA Or do we have a parts provision 00:24:00.430 --> 00:24:07.030 and however there are a whole bunch of exclusions on that. 00:24:07.030 --> 00:24:08.180 ALVAREZ, LIANA It did that. 00:24:09.400 --> 00:24:11.573 ALVAREZ, LIANA They they don't articles 00:24:11.574 --> 00:24:13.240 that are listed as as exclusions 00:24:13.240 --> 00:24:22.670 to this particular just section so some of those exclusions are joints washers 00:24:22.670 --> 00:24:33.720 and articles of rubber of heading 4016 parts of general use and again the parts 00:24:33.720 --> 00:24:38.020 of general use provision is very extensive. 00:24:38.020 --> 00:24:39.550 ALVAREZ, LIANA And I come. 00:24:40.899 --> 00:24:46.199 ALVAREZ, LIANA You you'll see a last year, Jennifer Jamison, 00:24:46.200 --> 00:24:53.590 did a an excellent webinar on parts of general use and and if if 00:24:53.590 --> 00:24:56.600 if I I know there's recording out there. 00:24:56.600 --> 00:25:00.730 ALVAREZ, LIANA Uh if if you need a recording of it, please. 00:25:00.730 --> 00:25:06.880 ALVAREZ, LIANA So send me an email and I will send you the the 00:25:06.880 --> 00:25:11.010 I will send you a link where you can you can find this recording 00:25:11.010 --> 00:25:12.630 and parts of general use? 00:25:12.630 --> 00:25:16.820 I think for if if if you are looking to classify? 00:25:16.820 --> 00:25:23.640 ALVAREZ, LIANA Uh and uh uh apart uh of an article. 00:25:23.693 --> 00:25:29.443 You do need to hear the parts of general use presentation by Jennifer. 00:25:33.400 --> 00:25:35.459 ALVAREZ, LIANA OK, I so. 00:25:36.523 --> 00:25:39.930 ALVAREZ, LIANA If you could give me I I I saw a question junior 00:25:39.930 --> 00:25:42.270 can you please read the question for some reason 00:25:42.270 --> 00:25:45.420 even the questions don't pop up anymore on my screen? 00:25:48.400 --> 00:25:52.649 KIM, JINHEE You state that joints washer nuts bolts rubber excluded 00:25:52.650 --> 00:25:54.080 from this heavy. 00:25:54.080 --> 00:25:55.350 ALVAREZ, LIANA He stated Boy Monster. 00:25:55.350 --> 00:25:56.990 ALVAREZ, LIANA Uh yes, it's they are, they are excluded 00:25:56.990 --> 00:26:00.230 from this particular section that is correct and you will see 00:26:00.230 --> 00:26:07.390 that you will find the language in the in the harmonized tariff schedule 00:26:07.390 --> 00:26:10.430 of the United States on the section 17. 00:26:10.430 --> 00:26:15.690 ALVAREZ, LIANA And so uh you'll you'll find all the exclusions 00:26:15.690 --> 00:26:17.470 that are listed so this. 00:26:17.470 --> 00:26:18.760 This particular section. 00:26:18.760 --> 00:26:22.570 It's not heading or chapter. 00:26:22.570 --> 00:26:23.780 It's the entire section. 00:26:23.780 --> 00:26:26.340 That excludes these articles OK. 00:26:28.025 --> 00:26:30.960 ALVAREZ, LIANA So it's parts of general use as I said Articles 00:26:30.960 --> 00:26:32.390 of Chapter 80, 2:00. 00:26:32.390 --> 00:26:39.900 AM Articles of heading 83 or 6 machines and apparatus of heading 84, 00:26:39.900 --> 00:26:41.860 one to 8479. 00:26:41.860 --> 00:26:46.218 ALVAREZ, LIANA Uh so just a little bit about this and again. 00:26:46.218 --> 00:26:50.250 There are excellent presentations by NIS. 00:26:50.250 --> 00:26:59.360 Sandra Martinez, who did excellent presentation on the On on heading 8483 00:26:59.360 --> 00:27:06.450 just for you, 2 to note that articles of heading 8483 00:27:06.450 --> 00:27:08.530 such as transmission equipment. 00:27:08.530 --> 00:27:09.830 ALVAREZ, LIANA Uhm. 00:27:11.339 --> 00:27:17.719 ALVAREZ, LIANA Uh RR if designed to be used with articles 00:27:17.720 --> 00:27:23.780 of Section 17 will not be classified in 84th 83, but will be classified 00:27:23.780 --> 00:27:29.640 as parts of of those articles so for example, 00:27:29.640 --> 00:27:35.090 transmission component over vehicle would be classified in heading 87 00:27:35.090 --> 00:27:39.040 or 8 or transmission component over over a? 00:27:40.571 --> 00:27:46.486 ALVAREZ, LIANA Uh uh uh railway would be classified in the in this 00:27:47.869 --> 00:27:53.769 in heading 86 or 7 rather than in 8483 because of 00:27:53.770 --> 00:27:57.370 because of this particular rule again. 00:27:59.399 --> 00:28:06.989 ALVAREZ, LIANA Uh just just keep in mind, you that this, this only has 00:28:06.990 --> 00:28:11.590 to do this only pertains to heading 8483. 00:28:12.900 --> 00:28:14.007 ALVAREZ, LIANA OK and 00:28:14.900 --> 00:28:20.630 ALVAREZ, LIANA and the UM heading 8483 would still cover 00:28:21.770 --> 00:28:25.390 a transmission equipment for engines. 00:28:25.390 --> 00:28:31.730 Even if they if they engine itself motor or engine itself is used with vehicles 00:28:31.730 --> 00:28:32.480 or or? 00:28:32.480 --> 00:28:40.869 ALVAREZ, LIANA Or railway or like Char, Bynes in aircraft 00:28:40.870 --> 00:28:44.410 so if the the the transmission equipment is 00:28:44.410 --> 00:28:48.500 within the engine is an internal component of an engine or motor. 00:28:48.500 --> 00:28:52.170 It would still be classified native 483 if it's not 00:28:52.170 --> 00:28:55.660 if it's not a an internal component of an engine. 00:28:55.660 --> 00:29:01.120 Aurora motor and it's designed to be used with vehicles aircraft or or? 00:29:01.120 --> 00:29:02.540 ALVAREZ, LIANA Come on. 00:29:04.275 --> 00:29:07.950 ALVAREZ, LIANA Locomotives or railway it would be classified 00:29:07.950 --> 00:29:09.830 with those are articles. 00:29:09.830 --> 00:29:10.160 I know it. 00:29:10.160 --> 00:29:12.200 Sounds very confusing. 00:29:12.200 --> 00:29:15.670 Please let me know if it if it is compute confusing I can. 00:29:15.670 --> 00:29:21.850 I I can try to go slow around that, but I don't think we have that much time 00:29:21.850 --> 00:29:24.830 so I'm going to try to advance a little further. 00:29:24.830 --> 00:29:29.280 I do apologize and and another thing that you have to keep in mind 00:29:29.280 --> 00:29:31.040 when uh classifying. 00:29:31.040 --> 00:29:37.060 ALVAREZ, LIANA Uhm part parts uh is the additional US rule 00:29:37.060 --> 00:29:39.580 of interpretation one C. 00:29:39.580 --> 00:29:43.470 ALVAREZ, LIANA Uh it's the which says that a provision for parts 00:29:43.470 --> 00:29:47.700 of an article covers products solely or principally used as a part 00:29:47.700 --> 00:29:49.940 of such articles. 00:29:49.940 --> 00:29:54.000 But a provision for parts or parts and accessories shall not prevail 00:29:54.000 --> 00:29:58.870 over a specific provision for such part or accessory 00:29:58.870 --> 00:30:04.180 in the reason I actually read it verbatim from from the slide. 00:30:04.180 --> 00:30:05.750 I don't usually like to do that. 00:30:05.750 --> 00:30:11.130 But I read it verbatim from the slide only because this is a very important. 00:30:11.130 --> 00:30:11.890 ALVAREZ, LIANA Come. 00:30:13.272 --> 00:30:17.589 ALVAREZ, LIANA A rule to keep in mind when classifying for 00:30:17.590 --> 00:30:23.290 when classifying UM parts and especially parts of Section 17. 00:30:24.774 --> 00:30:28.119 ALVAREZ, LIANA OK UM so here are railway. 00:30:28.120 --> 00:30:29.340 ALVAREZ, LIANA Aparts UM. 00:30:29.340 --> 00:30:35.810 ALVAREZ, LIANA So here's our on the carriage or buggy boogie 00:30:35.842 --> 00:30:38.279 or however you pronounce it up. 00:30:38.287 --> 00:30:44.227 ALVAREZ, LIANA This is what it looks like with some parts. 00:30:45.559 --> 00:30:47.119 It's This is an exploded. 00:30:47.120 --> 00:30:50.170 View labeled exploded exploded. 00:30:50.170 --> 00:30:52.050 View diagram of it. 00:30:52.050 --> 00:30:56.370 We have our breaks and parts any parts of the brakes hooks 00:30:56.370 --> 00:31:03.570 and coupling devices buffers and parts thereof, so basically 00:31:03.570 --> 00:31:09.100 if it's identifiable as a as a railway part. 00:31:09.100 --> 00:31:12.780 ALVAREZ, LIANA The classified as apart unless unless 00:31:12.780 --> 00:31:17.790 unless there's a more specific provision for it OK and. 00:31:17.790 --> 00:31:21.200 ALVAREZ, LIANA Here's the list the full parts. 00:31:21.200 --> 00:31:23.950 I'm not gonna read them, but uh you. 00:31:23.950 --> 00:31:31.070 You'll be able to see uh the these slides in the explanatory note. 00:31:31.070 --> 00:31:39.100 ALVAREZ, LIANA Umm uh heading 86 or 7 they're all listed there. 00:31:39.100 --> 00:31:42.880 ALVAREZ, LIANA And the last but not least I wanted 00:31:42.880 --> 00:31:49.800 to go over the current investigation that we have for anti dumping 00:31:49.800 --> 00:31:52.410 and countervailing duties on. 00:31:52.410 --> 00:31:56.650 ALVAREZ, LIANA On the freight rail couple or systems 00:31:56.650 --> 00:32:02.580 and components from China up so it's big but this the scope 00:32:02.580 --> 00:32:07.880 with the covers freight and freight railcar. 00:32:07.880 --> 00:32:11.650 Copler systems and components thereof freight railcar couple 00:32:11.650 --> 00:32:13.030 or systems are composed of. 00:32:13.030 --> 00:32:16.540 ALVAREZ, LIANA Uhm of 4 main components. 00:32:16.540 --> 00:32:22.800 Nockels copler bodies couple or yolks and follower blocks. 00:32:22.800 --> 00:32:25.610 You'll see some pictures in the later on. 00:32:26.900 --> 00:32:28.511 ALVAREZ, LIANA In the later slides. 00:32:29.690 --> 00:32:30.350 ALVAREZ, LIANA Uhm. 00:32:32.679 --> 00:32:37.009 ALVAREZ, LIANA I'm gonna second again because of the technical difficulties. 00:32:37.010 --> 00:32:43.400 I have to jump from one to come to come from one place to another. 00:32:47.149 --> 00:32:50.259 ALVAREZ, LIANA So dumb just to just to let you know 00:32:50.260 --> 00:32:57.200 on that that the language is very clear in this in the scope itself 00:32:57.200 --> 00:33:00.520 and I can't say that. 00:33:00.520 --> 00:33:04.160 ALVAREZ, LIANA Uh I I I I agree with the language itself. 00:33:04.160 --> 00:33:07.970 But this is just to just to let you know that these. 00:33:07.970 --> 00:33:14.039 ALVAREZ, LIANA A couple are systems are or the couple of components 00:33:14.040 --> 00:33:19.148 and systems are also that that are included in the scope on. 00:33:20.525 --> 00:33:21.640 ALVAREZ, LIANA Uh UM. 00:33:23.399 --> 00:33:28.459 ALVAREZ, LIANA Can be mounted or unmounted mounted or if joint 00:33:28.460 --> 00:33:34.680 with non subject merchandise so even if you're you're importing the entire. 00:33:36.774 --> 00:33:41.749 ALVAREZ, LIANA The entire arm uh railway coach with the with the couple 00:33:41.750 --> 00:33:42.296 or system. 00:33:42.297 --> 00:33:51.476 The couple assistant will have to be separated and and and the and filed as 00:33:51.477 --> 00:33:53.597 as anti dumping article. 00:33:55.920 --> 00:34:01.050 ALVAREZ, LIANA Alright and I just wanted to let you know that the couple 00:34:01.050 --> 00:34:03.899 of systems that are subject to this investigation 00:34:03.899 --> 00:34:13.190 or currently classify aghbal and heading 86 or 7, 31,000 and unfinished. 00:34:13.190 --> 00:34:18.300 ALVAREZ, LIANA Uh merchant subject merchandise can also be entered 00:34:18.300 --> 00:34:19.370 on their arm. 00:34:20.648 --> 00:34:22.500 ALVAREZ, LIANA Subheading 7326. 00:34:22.500 --> 00:34:27.830 ALVAREZ, LIANA Because some of the unfinished are 00:34:27.830 --> 00:34:32.990 some of their unfinished components of the couple or systems 00:34:32.990 --> 00:34:40.770 may not be identifiable as railway components and they would be classified 00:34:40.770 --> 00:34:43.090 as articles of of of Steel. 00:34:43.090 --> 00:34:44.260 ALVAREZ, LIANA Ah. 00:34:48.900 --> 00:34:52.600 ALVAREZ, LIANA So here are some here at some pictorials 00:34:52.600 --> 00:34:57.400 on what the device would look like and the what is the complete copler. 00:34:57.400 --> 00:35:02.570 It's a device consisting of a couple or body and anakkal located at both ends 00:35:02.570 --> 00:35:06.750 of all cars and a standard location to provide a means 00:35:06.750 --> 00:35:09.160 for connecting one railcar to another. 00:35:09.160 --> 00:35:11.630 ALVAREZ, LIANA Ah. 00:35:11.630 --> 00:35:13.880 Here's what the knuckle itself looks like 00:35:13.880 --> 00:35:19.290 and it's the pivot, saying hook like Hasting that fits into the head 00:35:19.290 --> 00:35:26.300 of a couple are and rotates about vertical pen to either the open position 00:35:26.300 --> 00:35:28.150 or to the closed position. 00:35:28.150 --> 00:35:31.960 ALVAREZ, LIANA Knuckles form interlocking pairs 00:35:31.960 --> 00:35:34.050 within the couple assistant 00:35:34.092 --> 00:35:39.059 that close automatically when the freight rail cars come together. 00:35:42.650 --> 00:35:45.650 ALVAREZ, LIANA Right uh here's what the Yolk looks like uh 00:35:45.650 --> 00:35:51.000 that's the calculate your yolk and the yolk forms a pocket for the equipment 00:35:51.000 --> 00:35:54.550 that connects the couple are to the freight railcar. 00:35:55.649 --> 00:36:01.199 ALVAREZ, LIANA And the follower block is dumb is a rectangular shaped block, 00:36:01.199 --> 00:36:01.906 UM. 00:36:02.774 --> 00:36:07.719 ALVAREZ, LIANA Of steel that is into interposed between the back end 00:36:07.720 --> 00:36:12.120 and the couple or of the couple are and the front working end of the yolk. 00:36:14.275 --> 00:36:18.070 ALVAREZ, LIANA So I am done with my presentation. 00:36:18.070 --> 00:36:21.540 I if you have any questions, please. 00:36:21.540 --> 00:36:25.550 Feel free to type them in your in the chat box and. 00:36:26.900 --> 00:36:29.539 ALVAREZ, LIANA I'll give everyone a minute or so. 00:36:30.172 --> 00:36:33.031 ALVAREZ, LIANA And offer anyone has any questions. 00:36:37.775 --> 00:36:38.750 ALVAREZ, LIANA Right. 00:36:40.000 --> 00:36:42.520 ALVAREZ, LIANA If you have a minute any questions, you think 00:36:42.520 --> 00:36:44.380 of any anything he wanted to. 00:36:44.380 --> 00:36:49.470 You wanna ask you can definitely email me email would be 00:36:49.470 --> 00:36:53.040 the most preferred method of communication. 00:36:53.040 --> 00:36:59.950 Although we do, we are back in our offices at the one World Trade Center in 00:36:59.950 --> 00:37:01.520 in New York. 00:37:01.520 --> 00:37:06.718 ALVAREZ, LIANA Uh it's I I would rather have a man. 00:37:07.320 --> 00:37:11.410 ALVAREZ, LIANA I would rather have your questions in email This way, 00:37:11.410 --> 00:37:13.650 I could I can get back to you sooner. 00:37:13.650 --> 00:37:17.970 ALVAREZ, LIANA There was a question Geniki no, 00:37:17.970 --> 00:37:20.430 I'm sorry can you read the questions? 00:37:20.430 --> 00:37:25.650 KIM, JINHEE Well uh absolutely what country is the investigation on the ADD 00:37:25.650 --> 00:37:26.350 or CBD firm? 00:37:26.350 --> 00:37:28.550 ALVAREZ, LIANA This is from China. 00:37:31.899 --> 00:37:35.149 KIM, JINHEE Can you repeat the explanation on transmission elements 00:37:35.150 --> 00:37:37.210 from 84.83 heading and its treatment? 00:37:37.210 --> 00:37:37.890 ALVAREZ, LIANA In your 00:37:37.890 --> 00:37:46.620 ALVAREZ, LIANA OK, so heading 8483 is under Sandra Martinez 's purview. 00:37:46.620 --> 00:37:49.630 ALVAREZ, LIANA Uh she and and as Sandra Martinez, 00:37:49.630 --> 00:37:55.750 so basically our uh heading 8483 covers transmission equipment. 00:37:57.275 --> 00:38:00.090 ALVAREZ, LIANA However, if this transmission equipment 00:38:00.090 --> 00:38:05.271 is designed to be used with articles of Section 17 00:38:05.271 --> 00:38:08.520 such as vehicles railway or on. 00:38:11.116 --> 00:38:16.359 ALVAREZ, LIANA Or aircraft it will be classified with these articles. 00:38:16.360 --> 00:38:21.960 The The The transmission equipment will not be classified in heading 8483, 00:38:21.960 --> 00:38:29.310 but rather in Headings 86 or 78708 or 88 or oh 7. 00:38:29.310 --> 00:38:35.600 ALVAREZ, LIANA Uh uh which covers parts of those articles. 00:38:35.600 --> 00:38:42.850 However, if the transmission equipment is designed to be used with engines 00:38:42.850 --> 00:38:49.190 and Motors or turbines that are used with Section 17. 00:38:49.190 --> 00:38:52.360 However, they're internal components of the engines, they would remain. 00:38:52.360 --> 00:38:58.940 ALVAREZ, LIANA The classified and heading 8483 does that does 00:38:58.940 --> 00:39:00.320 that make sense. 00:39:02.274 --> 00:39:07.179 ALVAREZ, LIANA K parts or way of railways have you encountered issues 00:39:07.180 --> 00:39:14.350 with the misclassification of 8786 or 7 instead of 73 chapter? 00:39:14.350 --> 00:39:15.810 Yes, we do? 00:39:15.810 --> 00:39:21.430 I would rather not go into it right now, there are. 00:39:21.430 --> 00:39:23.120 We we are working with headquarters? 00:39:23.120 --> 00:39:28.550 Sounds certain issues that have to do that that have to do 00:39:28.550 --> 00:39:31.950 with Headings 86 or 7 and chapter. 00:39:31.950 --> 00:39:34.040 ALVAREZ, LIANA 73. 00:39:34.040 --> 00:39:39.780 ALVAREZ, LIANA Can you show slide 17 again slide 17? 00:39:43.150 --> 00:39:48.640 ALVAREZ, LIANA OK here is slight 17, you will get you will get the. 00:39:48.640 --> 00:39:51.191 ALVAREZ, LIANA The uh a link I believe it takes 00:39:51.191 --> 00:39:55.870 about a couple of months for the link to show up and they come in. 00:39:55.870 --> 00:40:00.510 They appropriate website for for webinars, but you will get. 00:40:00.526 --> 00:40:05.376 ALVAREZ, LIANA The this presentation as well. 00:40:07.050 --> 00:40:12.460 ALVAREZ, LIANA Do they bearing hubs for trains going chapter 8043 again. 00:40:12.460 --> 00:40:18.750 These are very technical questions and they have to do with particular items. 00:40:18.750 --> 00:40:25.210 I bearing hubs doesn't really tell me anything bearing hub could be 00:40:25.210 --> 00:40:31.610 could have could could could be could consist with so many components 00:40:31.610 --> 00:40:34.880 and we need to actually review each and every article 00:40:34.880 --> 00:40:36.720 in its entire T before we can. 00:40:36.720 --> 00:40:42.120 ALVAREZ, LIANA Decide whether it's classified and heading 8483 or 86 00:40:42.150 --> 00:40:47.160 and we need to know its function what it does and how it's used so please. 00:40:48.230 --> 00:40:53.870 If you have a question with a on on your particular article. 00:40:53.870 --> 00:40:59.830 Please send us a binding ruling and will definitely get back to you. 00:40:59.830 --> 00:41:01.920 ALVAREZ, LIANA Hey. 00:41:01.920 --> 00:41:03.188 ALVAREZ, LIANA Hearings homesick. 00:41:05.117 --> 00:41:09.110 ALVAREZ, LIANA Again, UM. 00:41:09.110 --> 00:41:11.290 ALVAREZ, LIANA Cooking it if the if there there's a question 00:41:11.290 --> 00:41:12.710 for a particular item. 00:41:12.710 --> 00:41:16.270 I would rather have it in a form of a binding ruling. 00:41:16.270 --> 00:41:21.490 ALVAREZ, LIANA Uhm I think we're out of time for my presentation. 00:41:21.490 --> 00:41:25.770 You really don't wanna miss Jennifer Jamison presentation please. 00:41:25.770 --> 00:41:33.140 ALVAREZ, LIANA Uhm uhm tune in for her as I as I exit this. 00:41:33.140 --> 00:41:38.400 ALVAREZ, LIANA So this some chat thank you thanks everyone. 00:42:07.984 --> 00:42:11.339 JAMESON, JENNIFER D Excellent OK, Hi everybody, I'm Jennifer Jamison. 00:42:11.340 --> 00:42:14.840 I am the national import specialist for a line 00:42:14.840 --> 00:42:19.890 that includes merchandise like base metal fasteners like nails screws 00:42:19.890 --> 00:42:20.940 and bolts. 00:42:20.940 --> 00:42:24.340 I also handled based metal mountings and fittings locks. 00:42:24.340 --> 00:42:29.660 I do safes and ornamental articles of base metal and similar items. 00:42:29.660 --> 00:42:32.830 JAMESON, JENNIFER D But today, I'm going to give an overview on 00:42:32.830 --> 00:42:35.900 how to define a part for tariff purposes. 00:42:35.900 --> 00:42:38.810 JAMESON, JENNIFER D There are several key court cases 00:42:38.810 --> 00:42:43.470 that help us determine this and my goal for today is to tell the stories 00:42:43.470 --> 00:42:47.640 of those court cases, which will hopefully allow you to better understand 00:42:47.640 --> 00:42:51.390 and remember, the issues discussed in the and the conclusions reached 00:42:51.390 --> 00:42:54.160 so that you can apply those going forward. 00:42:54.160 --> 00:42:56.990 Because these court cases build on each other. 00:42:56.990 --> 00:43:00.390 I'd like you to hold your questions until the end of the presentation 00:43:00.390 --> 00:43:03.880 as they might be answered by information that is coming. 00:43:03.880 --> 00:43:08.770 JAMESON, JENNIFER D In my section of the webinar will last approximately 00:43:08.770 --> 00:43:11.540 an hour so let's get started. 00:43:15.650 --> 00:43:17.940 JAMESON, JENNIFER D And a thunderstorm has just started 00:43:17.940 --> 00:43:22.020 in my neighborhood, you'll hear some Thunder and my dog. 00:43:22.020 --> 00:43:26.780 JAMESON, JENNIFER D Uhm as leanna discussed heading 86 or 7 covers parts 00:43:26.780 --> 00:43:28.980 of railway or tramway locomotives. 00:43:28.980 --> 00:43:33.220 But parts can be fine found in a lot of places in the tariff. 00:43:33.220 --> 00:43:36.900 This slide shows just a few examples, but defining 00:43:36.900 --> 00:43:42.960 which articles are actually parts can be tricky, so my advice first advice 00:43:42.960 --> 00:43:47.090 for classifying parts is to read the notes for the potential 00:43:47.090 --> 00:43:50.870 for potential classifications or concerns. 00:43:50.870 --> 00:43:52.520 There's a lot of information in the notes. 00:43:52.520 --> 00:43:55.860 JAMESON, JENNIFER D About specific parts and and actually too many 00:43:55.860 --> 00:43:57.200 to go into here. 00:43:57.200 --> 00:44:00.440 But I would definitely suggest starting with the heading chapter 00:44:00.440 --> 00:44:01.380 and explanatory. 00:44:01.380 --> 00:44:05.150 Notes First if you're classifying something that could be a part. 00:44:07.331 --> 00:44:11.300 JAMESON, JENNIFER D So how do we decide if an item is apart. 00:44:11.300 --> 00:44:13.340 JAMESON, JENNIFER D As I mentioned I want to go through 00:44:13.340 --> 00:44:15.080 some of those key court cases. 00:44:15.080 --> 00:44:19.240 You've probably heard of many of them if not all that help us determine 00:44:19.240 --> 00:44:22.000 if an item is apart for tariff purposes. 00:44:22.000 --> 00:44:25.160 And I'm hoping that by going through those details of the case. 00:44:25.160 --> 00:44:28.590 It can help you apply the decisions when you need to determine 00:44:28.590 --> 00:44:31.250 if an item is apart or not apart or not. 00:44:35.211 --> 00:44:36.600 JAMESON, JENNIFER D So the first case that we're going 00:44:36.600 --> 00:44:38.530 to cover is that Willoughby camera case. 00:44:38.530 --> 00:44:39.820 You've probably heard of this one. 00:44:39.820 --> 00:44:46.310 This one gets cited a lot took place in 1933 and the merchandise 00:44:46.310 --> 00:44:50.940 that was discussed in this case is a wooden tripod 00:44:50.940 --> 00:44:53.770 so this is not the actual tripod from the case. 00:44:53.770 --> 00:44:55.920 It's just my best. 00:44:55.920 --> 00:45:00.750 Guess of what a 1930s wouldn't camera tripod might look like 00:45:00.750 --> 00:45:05.460 so it's just the tripod and it was used with certain. 00:45:05.460 --> 00:45:09.200 JAMESON, JENNIFER D Cameras of the 30s remember they're going to be larger. 00:45:09.200 --> 00:45:12.580 Back then, they called them view cameras copy and cameras 00:45:12.580 --> 00:45:13.450 or photoengraving cameras. 00:45:15.525 --> 00:45:18.090 JAMESON, JENNIFER D So that's the merchandise covered in the case. 00:45:18.090 --> 00:45:22.130 Now let's take a look at the summary of the arguments that were made for 00:45:22.130 --> 00:45:24.810 and against this tripod being a part of the camera. 00:45:28.900 --> 00:45:32.660 JAMESON, JENNIFER D It was argued that the tripod was a part of the camera 00:45:32.660 --> 00:45:36.330 because one the camera needs to be held in a stable position. 00:45:37.309 --> 00:45:40.435 The tripod could raise or lower the camera, 00:45:40.436 --> 00:45:43.500 which was useful in its operation 00:45:43.500 --> 00:45:48.450 and actually the tripod was connected to the camera by screws that fit 00:45:48.450 --> 00:45:49.660 into the sockets in the camera. 00:45:55.400 --> 00:45:57.340 JAMESON, JENNIFER D Conversely, it was argued 00:45:57.340 --> 00:46:02.060 that these tripods should actually be classified as manufacturers 00:46:02.060 --> 00:46:06.890 of would not specially provided for because they said the cameras 00:46:06.890 --> 00:46:08.620 and the tripods are rarely sold. 00:46:08.620 --> 00:46:12.560 Together they said the tripods are used for various other purposes 00:46:12.560 --> 00:46:14.230 and that the use of the tripod is optional. 00:46:18.649 --> 00:46:22.679 JAMESON, JENNIFER D In fact, they made the comment that the argument that 00:46:22.680 --> 00:46:26.240 if you had the tripod was similar to a typewriter desk. 00:46:26.240 --> 00:46:27.810 So here's a typewriter. 00:46:27.810 --> 00:46:31.270 JAMESON, JENNIFER D Uh my typewriter desk would be designed and constructed 00:46:31.270 --> 00:46:33.060 to be used with the typewriter. 00:46:33.060 --> 00:46:38.030 It frequently apparently had attachment so that you could attach 00:46:38.030 --> 00:46:42.580 the typewriter could be joined to the desk that typewriter had 00:46:42.580 --> 00:46:46.070 to be rigidly supported in order that it could be used properly 00:46:46.070 --> 00:46:49.680 but nobody would be suggesting that a typewriter desk was essential 00:46:49.680 --> 00:46:54.380 to the use of the typewriter and they said that they argued that 00:46:54.380 --> 00:46:56.520 that was similar in the case of this tripod. 00:46:59.649 --> 00:47:03.429 JAMESON, JENNIFER D So you've got the the court needed to decide 00:47:03.430 --> 00:47:06.090 if this was a part of the camera or a manufacturer 00:47:06.090 --> 00:47:09.650 of would not specially provided for what do you think? 00:47:09.650 --> 00:47:11.970 Can you use your chat and let me know? 00:47:11.970 --> 00:47:15.670 Yes, if you think it's a part or no if you think it is not a part. 00:47:26.150 --> 00:47:31.330 JAMESON, JENNIFER D OK, I am seeing mostly knows not apart couple 00:47:31.330 --> 00:47:32.660 of yeses it's apart. 00:47:34.525 --> 00:47:37.250 JAMESON, JENNIFER D OK Alright Well, let's take a look at 00:47:37.250 --> 00:47:38.660 what the court said. 00:47:38.660 --> 00:47:40.570 JAMESON, JENNIFER D They said it is not a part. 00:47:43.650 --> 00:47:45.280 JAMESON, JENNIFER D And let's take a look at why. 00:47:46.399 --> 00:47:51.919 JAMESON, JENNIFER D So the court said that when a tripod 00:47:51.920 --> 00:47:54.950 and camera were used together each performed. 00:47:54.950 --> 00:47:58.780 It's separate function without the loss of any of its essential characteristics 00:47:58.780 --> 00:48:02.480 so whether they were separate or joined each the camera 00:48:02.480 --> 00:48:07.070 and the tripod was a distinct and separate commercial entity. 00:48:07.070 --> 00:48:10.200 They said the tripods were not integral constituent or component. 00:48:10.200 --> 00:48:13.720 Parts of the camera and they said that although the tripod 00:48:13.720 --> 00:48:17.480 and the camera were designed to work together that did not make the tripod. 00:48:17.480 --> 00:48:20.690 JAMESON, JENNIFER D Part of the camera and they said anymore 00:48:20.690 --> 00:48:25.490 than a color button was part of a shirt or a typewriter desk was a part 00:48:25.490 --> 00:48:26.490 of a typewriter. 00:48:27.589 --> 00:48:30.929 JAMESON, JENNIFER D So the key part of the Willoughby camera decision 00:48:30.930 --> 00:48:31.490 was this. 00:48:31.490 --> 00:48:37.200 JAMESON, JENNIFER D Definition of a part that it's a well established rule 00:48:37.200 --> 00:48:41.100 that a part of an article is something necessary to the completion. 00:48:41.100 --> 00:48:45.900 It is an integral constituent or component part without which the article 00:48:45.900 --> 00:48:48.280 to which it is to be joined could not function. 00:48:48.280 --> 00:48:50.810 As such, our article. 00:48:50.810 --> 00:48:57.090 Also, they noted that if the important important item is not a part 00:48:57.090 --> 00:48:59.390 if it is a separate and distinct commercial entity. 00:49:06.031 --> 00:49:09.360 JAMESON, JENNIFER D OK, so let's take a look at the next case, 00:49:09.360 --> 00:49:13.670 it is Pompeo, the merchandise in United States versus. 00:49:13.670 --> 00:49:17.980 JAMESON, JENNIFER D And Antonio Antonio pump payload, which took place 00:49:17.980 --> 00:49:24.086 in 1955, was a supercharger a supercharger was designed specifically 00:49:24.086 --> 00:49:26.140 for use in an automobile engine. 00:49:26.140 --> 00:49:31.050 JAMESON, JENNIFER D And it was used to increase the power of the engine 00:49:31.050 --> 00:49:37.240 and here is a picture of what I think just a supercharger entered separately 00:49:37.240 --> 00:49:41.100 may have looked like and here is an ad from 1950s 00:49:41.100 --> 00:49:44.920 about the supercharger kits don't know if you can read it. 00:49:44.920 --> 00:49:48.480 But it says a supercharger will give you plenty of horses under the hood 00:49:48.480 --> 00:49:50.480 and keep you on your toes learning how to handle them. 00:49:52.275 --> 00:49:55.150 JAMESON, JENNIFER D So that is the merchandise that is being entered. 00:49:55.150 --> 00:49:57.910 JAMESON, JENNIFER D Uh for this court case. 00:50:00.025 --> 00:50:04.360 JAMESON, JENNIFER D And let's look at the summary arguments they argued 00:50:04.360 --> 00:50:08.300 that this should be classified as parts of our automobiles 00:50:08.300 --> 00:50:11.830 because they said it was specifically designed for use on automobiles 00:50:11.830 --> 00:50:15.540 and designed for use in specific engines and in this case. 00:50:15.547 --> 00:50:18.157 I believe it was used in Fords and Austins. 00:50:19.610 --> 00:50:23.270 JAMESON, JENNIFER D They said that it required extensive alterations 00:50:23.270 --> 00:50:26.210 for the engine to be installed and they said 00:50:26.210 --> 00:50:29.940 once installed the engine will not operate if the Supercharger failed. 00:50:35.227 --> 00:50:37.620 JAMESON, JENNIFER D But it was argued that these should not be parts, 00:50:37.620 --> 00:50:42.230 but instead should be classified as machines, not specially provided for 00:50:42.230 --> 00:50:45.250 and they use the Willoughby camera decision as precedent. 00:50:45.250 --> 00:50:49.950 They said will be camera told us that a part is an integral constituent 00:50:49.950 --> 00:50:52.370 or component part without which the article 00:50:52.370 --> 00:50:55.150 to which its joint could be joined could not function 2. 00:50:55.150 --> 00:50:59.220 Such article and because these superchargers were going to be put 00:50:59.220 --> 00:51:02.590 into automobiles that function perfectly fine without them 00:51:02.590 --> 00:51:04.260 that they are not apart. 00:51:04.260 --> 00:51:08.800 JAMESON, JENNIFER D Uhm the automobile the automobile manufactured. 00:51:08.800 --> 00:51:12.420 JAMESON, JENNIFER D Uhm as manufacturer did not have Superchargers 00:51:12.420 --> 00:51:15.750 and would operate just fine with no supercharger installed. 00:51:19.054 --> 00:51:22.189 JAMESON, JENNIFER D So time to get your input the court had 00:51:22.190 --> 00:51:25.290 to decide is Supercharger, a part of the automobile 00:51:25.290 --> 00:51:29.060 or a machine not specially provided for give me a Yes. 00:51:29.060 --> 00:51:32.600 If you think it's apart and no if you think it's not a part. 00:51:43.055 --> 00:51:45.890 JAMESON, JENNIFER D OK, I am seeing lots. 00:51:45.890 --> 00:51:47.810 I'm seeing more mixed on this. 00:51:47.810 --> 00:51:53.350 I'm seeing Nos and yeses for its apart so let's take a look 00:51:53.350 --> 00:51:56.830 at what the court had to say about the Superchargers. 00:51:57.650 --> 00:51:59.490 JAMESON, JENNIFER D They said it is a part. 00:52:00.150 --> 00:52:01.540 JAMESON, JENNIFER D And let's take a look at why. 00:52:03.524 --> 00:52:08.769 JAMESON, JENNIFER D Now come the court noted that there was a lot 00:52:08.770 --> 00:52:12.640 of recent innovations in the automotive field. 00:52:12.640 --> 00:52:15.620 Remember this was in the 1950s, so that included things 00:52:15.620 --> 00:52:19.221 like power steering automatic transmissions power breaks 00:52:19.221 --> 00:52:23.570 that kind of stuff and the court said that each of those improvements created 00:52:23.570 --> 00:52:29.650 what would be undoubtedly a new part of a car even though not all those cars 00:52:29.650 --> 00:52:34.270 had the new innovations and they also said that some cars. 00:52:34.270 --> 00:52:37.250 JAMESON, JENNIFER D On the road in the 50s did have supercharger 00:52:37.250 --> 00:52:40.320 at the time of importation and for those 00:52:40.320 --> 00:52:44.070 and those superchargers would be considered a part of the car 00:52:44.070 --> 00:52:46.440 so they thought that it would not make sense 00:52:46.440 --> 00:52:50.550 to have some Superchargers be parts of the cars and others, 00:52:50.550 --> 00:52:54.140 not parts at the cars just because they were imported separately. 00:52:54.140 --> 00:52:58.530 JAMESON, JENNIFER D So rather than focusing on the car 00:52:58.530 --> 00:53:01.070 and if it could function without their supercharger. 00:53:01.070 --> 00:53:04.880 The court instead focused on the nature of the imported item, 00:53:04.880 --> 00:53:08.340 which in this case was the Supercharger and they said, 00:53:08.340 --> 00:53:10.273 because the imported item. 00:53:10.289 --> 00:53:14.839 The Supercharger was dedicated solely for use on cars. 00:53:14.855 --> 00:53:18.705 They held the Supercharger was a part of the automobile. 00:53:20.709 --> 00:53:22.999 JAMESON, JENNIFER D But then how do you reconcile that 00:53:23.000 --> 00:53:26.300 with the Willoughby decision that we just talked about 00:53:26.300 --> 00:53:31.530 and they said the test was whether or not the article could function with 00:53:31.530 --> 00:53:32.770 or without the part. 00:53:32.770 --> 00:53:33.812 JAMESON, JENNIFER D So. 00:53:34.900 --> 00:53:37.820 JAMESON, JENNIFER D With this ruling, the court expanded the definition 00:53:37.820 --> 00:53:43.060 of parts for tariff purposes and created an additional test for parts. 00:53:43.060 --> 00:53:46.110 JAMESON, JENNIFER D Pompeo 's test for parts is 00:53:46.110 --> 00:53:51.470 that a device can be a part of an article even though it's use is optional 00:53:51.470 --> 00:53:55.840 and the article will function without it if it's dedicated solely for use 00:53:55.840 --> 00:53:57.660 with the particular article. 00:53:57.660 --> 00:54:01.150 And then when it's applied to that article it meets the Willoughby Test. 00:54:01.150 --> 00:54:04.410 JAMESON, JENNIFER D So I put in red here on this screen. 00:54:04.410 --> 00:54:08.350 JAMESON, JENNIFER D In uh the Pompeo test that the article 00:54:08.350 --> 00:54:11.630 must be dedicated solely for use. 00:54:11.630 --> 00:54:17.210 And when applied it cannot function without without that article. 00:54:17.210 --> 00:54:23.120 Also, Pompeo decision noted that and imported item is not apart 00:54:23.120 --> 00:54:25.170 if it is a separate and distinct commercial entity. 00:54:29.602 --> 00:54:33.240 JAMESON, JENNIFER D Build on this further, the next case. 00:54:33.240 --> 00:54:37.350 I want to look at is the Bauer hidden case and the merchandise 00:54:37.350 --> 00:54:42.080 in this case is cloth canopy 's for cars infant car seats 00:54:42.080 --> 00:54:47.690 so here is the car seat and then this is the canopy for the car seat 00:54:47.690 --> 00:54:53.130 so the merchandise that we're talking about here is just this cloth canopy. 00:54:55.602 --> 00:54:57.270 JAMESON, JENNIFER D And the argument. 00:54:58.400 --> 00:55:00.800 JAMESON, JENNIFER D It was argued that these canopy 's could be classified 00:55:00.800 --> 00:55:04.887 as parts of seats of a kind use for motor vehicles 00:55:04.887 --> 00:55:07.131 and they said it was a part 00:55:07.131 --> 00:55:11.420 because it was specifically designed for use with those car seats 00:55:11.420 --> 00:55:14.500 and also swing seats and carriers. 00:55:15.319 --> 00:55:19.439 It provided protection to the infant and they said it was sold separately 00:55:19.440 --> 00:55:23.620 from the seat, but it was only a sold as replacement parts for the seats 00:55:23.620 --> 00:55:28.250 that they were intended to be used with and they argued that when an item. 00:55:28.250 --> 00:55:30.480 JAMESON, JENNIFER D Is dedicated for use in an article 00:55:30.480 --> 00:55:34.280 and it can't be applied to any other purpose than they said that was a part 00:55:34.280 --> 00:55:35.050 of the article. 00:55:40.031 --> 00:55:42.020 JAMESON, JENNIFER D Conversely, it was argued 00:55:42.030 --> 00:55:46.329 that the canopy should be classified as other made up textile articles, 00:55:46.330 --> 00:55:48.610 and they use the Willoughby camera. 00:55:48.610 --> 00:55:53.430 JAMESON, JENNIFER D Determination again, they said to be classified 00:55:53.430 --> 00:55:56.670 as a part will be camera says an item has to be necessary 00:55:56.670 --> 00:55:59.980 to that article without which it could not function 00:55:59.980 --> 00:56:02.750 and they argued the canopy 's do not meet that standard. 00:56:02.750 --> 00:56:06.580 They said the canopy 's are not integral or directly related 00:56:06.580 --> 00:56:09.940 to the restraint function of the car seat that they're being attached 00:56:09.940 --> 00:56:13.200 to therefore they cannot be a part of the car seat. 00:56:17.775 --> 00:56:20.790 JAMESON, JENNIFER D So you guys are up the court needed to decide 00:56:20.790 --> 00:56:25.300 if the canopy 's were parts of the car seats of a kind of used motor vehicles 00:56:25.300 --> 00:56:26.610 or other made up articles. 00:56:27.680 --> 00:56:28.600 Let me know. 00:56:28.600 --> 00:56:31.260 Yes, you think it was a part or no it is not apart. 00:56:36.150 --> 00:56:37.140 JAMESON, JENNIFER D Saying. 00:56:37.140 --> 00:56:37.930 Yes. 00:56:37.930 --> 00:56:43.930 No, not sure UM OK, not a partisan accessory. 00:56:43.930 --> 00:56:47.630 JAMESON, JENNIFER D Uh OK I'm also saying mixed results here. 00:56:47.630 --> 00:56:50.240 Let's take a look at what the court said. 00:56:51.775 --> 00:56:55.690 JAMESON, JENNIFER D They said the canopy 's are a part of this car seat. 00:56:55.690 --> 00:56:56.940 Now let's take a look at why. 00:57:00.775 --> 00:57:01.869 JAMESON, JENNIFER D Everything mentioned the argument 00:57:01.869 --> 00:57:05.415 against the canopy being apart is that they said 00:57:05.415 --> 00:57:08.381 per the Willoughby camera decision apart 00:57:08.381 --> 00:57:12.230 must be necessary to the article without which the article cannot function 00:57:12.230 --> 00:57:17.100 and they said the canopy does not meet that function which is true 00:57:17.100 --> 00:57:21.390 but the court noted that the Willow P camera test is not exclusive 00:57:21.390 --> 00:57:23.549 and it does not address a situation 00:57:23.549 --> 00:57:26.330 where an imported item is dedicated solely 00:57:26.330 --> 00:57:29.430 for use of an article for that scenario, they said. 00:57:29.430 --> 00:57:30.230 You need to look at. 00:57:30.230 --> 00:57:32.060 JAMESON, JENNIFER D The Pompeo test. 00:57:32.060 --> 00:57:36.500 JAMESON, JENNIFER D And so in this case, 00:57:36.500 --> 00:57:39.030 the canopy serve no function or purpose. 00:57:39.030 --> 00:57:41.410 That's independent of that child, safety seat. 00:57:41.410 --> 00:57:45.720 You'd never import it for anything else they are designed marketed and sold 00:57:45.720 --> 00:57:47.960 to be attached to the child safety seats. 00:57:47.960 --> 00:57:51.930 JAMESON, JENNIFER D Therefore, the court said the facts 00:57:51.930 --> 00:57:56.040 of this case bear closer resemblance to the Pompeo case that considered 00:57:56.040 --> 00:57:58.990 if a supercharger was a part of an automobile. 00:57:58.990 --> 00:58:02.470 JAMESON, JENNIFER D The canopy 's here do satisfy is specific 00:58:02.470 --> 00:58:05.090 and integral need in the use of the car seat. 00:58:05.090 --> 00:58:09.810 They have no other use so the court decided they are a part. 00:58:11.025 --> 00:58:14.940 JAMESON, JENNIFER D And the takeaway from the Bower hidden case is 00:58:14.940 --> 00:58:19.130 that the Willoughby camera decision and the Pompeo decision need 00:58:19.130 --> 00:58:21.620 to be read together and you should apply the test 00:58:21.620 --> 00:58:23.850 that best matches your specific scenario. 00:58:23.850 --> 00:58:29.200 JAMESON, JENNIFER D So I've updated this slide with. 00:58:29.200 --> 00:58:32.250 JAMESON, JENNIFER D Uh. 00:58:32.594 --> 00:58:36.840 JAMESON, JENNIFER D The Bauer hidden key takeaways. 00:58:36.840 --> 00:58:39.080 JAMESON, JENNIFER D But wait there is more. 00:58:41.900 --> 00:58:44.470 JAMESON, JENNIFER D Next I want to look at the Pomeroy case 00:58:44.470 --> 00:58:49.360 and that further clarifies these 3 court cases, we would just went over. 00:58:50.150 --> 00:58:52.880 JAMESON, JENNIFER D The merchandise in the this case is. 00:58:52.880 --> 00:58:57.770 JAMESON, JENNIFER D The UM the glass structure of these candle lamps, 00:58:57.770 --> 00:58:58.970 so there's 2 items. 00:58:58.970 --> 00:59:03.010 Here, the first one, is this larger candle glass. 00:59:03.010 --> 00:59:07.260 JAMESON, JENNIFER D Uh right here and then the second item. 00:59:07.260 --> 00:59:12.300 It's this smaller glass up here at the top on the on the little platforms, 00:59:12.300 --> 00:59:18.150 so for this court case we are looking at the classification of just the glass. 00:59:19.900 --> 00:59:22.350 JAMESON, JENNIFER D Entered imported separately. 00:59:24.400 --> 00:59:25.700 JAMESON, JENNIFER D Uhm. 00:59:25.700 --> 00:59:29.040 JAMESON, JENNIFER D Now both parties agreed that when these lamps 00:59:29.040 --> 00:59:30.210 when this entire item. 00:59:30.211 --> 00:59:36.175 One and entire item 2 are entered complete that they would be classified 00:59:36.176 --> 00:59:41.106 as a lamp under a 9405 but the disagreement is on the classification 00:59:41.775 --> 00:59:45.040 of just the glass items when they're imported separately. 00:59:45.900 --> 00:59:49.450 JAMESON, JENNIFER D So the argument that the glass sent entered separately. 00:59:49.450 --> 00:59:54.310 JAMESON, JENNIFER D Uhm is apart is because they say the the completed lamp 00:59:54.310 --> 00:59:56.390 could not function as intended. 00:59:56.390 --> 00:59:58.420 Without the glass in item. 00:59:58.420 --> 01:00:01.410 One you can see this metal section here. 01:00:01.410 --> 01:00:08.370 It hangs on the sides of the glass and the candle is sitting inside the metal. 01:00:08.370 --> 01:00:11.770 JAMESON, JENNIFER D Section here and so they say 01:00:11.770 --> 01:00:17.880 this metal this outside glass is part of the structure of the lamp without it. 01:00:17.880 --> 01:00:20.290 Nothing would this couldn't it needs it to hate. 01:00:20.290 --> 01:00:24.380 This needs to hang on the glass and so they say it's apart. 01:00:24.380 --> 01:00:26.860 It's absolutely required for this item. 01:00:28.400 --> 01:00:31.360 JAMESON, JENNIFER D For item number 2 they said. 01:00:31.360 --> 01:00:35.990 Well, you know you could just put the candle here on this platform, 01:00:35.990 --> 01:00:42.140 but the IT wouldn't the the candle and the flame would not be as secure 01:00:42.140 --> 01:00:43.530 and so it wouldn't be safe. 01:00:43.560 --> 01:00:45.930 You could have the flame. 01:00:48.180 --> 01:00:52.470 JAMESON, JENNIFER D Move it could also be blown out more easily 01:00:52.470 --> 01:00:53.070 and then they said. 01:00:53.070 --> 01:00:56.640 Overall, the overall aesthetic of the Lantern is less 01:00:56.640 --> 01:00:59.070 if the glass is not included. 01:01:03.525 --> 01:01:05.050 JAMESON, JENNIFER D And the argument. 01:01:05.050 --> 01:01:09.770 JAMESON, JENNIFER D Against part is that the glass imported separately 01:01:09.770 --> 01:01:13.599 should be classified as glassware of a kind used 01:01:13.600 --> 01:01:16.100 for tableware kitchenware, etc. 01:01:16.100 --> 01:01:21.570 And they argued that the glass did not actually serve as the external structure 01:01:21.570 --> 01:01:23.990 because apparently when they tried to assemble the lamp 01:01:23.990 --> 01:01:26.659 to look like this picture and number one. 01:01:26.660 --> 01:01:31.320 The arms here did not balance on the outside of the glass. 01:01:31.320 --> 01:01:33.880 JAMESON, JENNIFER D And so it did not it didn't. 01:01:33.880 --> 01:01:37.720 JAMESON, JENNIFER D Function as as the structure. 01:01:37.720 --> 01:01:41.540 JAMESON, JENNIFER D Uhm spoiler alert on this one, though it was determined 01:01:41.540 --> 01:01:45.000 that even though the metal insert that it was determined 01:01:45.000 --> 01:01:48.400 that the metal insert does usually fit on the glass 01:01:48.400 --> 01:01:53.260 and that they had a possibly defective part when at the when they were looking 01:01:53.260 --> 01:01:56.920 at but that does not negate the items normal design and function 01:01:56.935 --> 01:02:02.775 and that normally it would serve as a structure to hold that centerpiece. 01:02:04.540 --> 01:02:07.420 JAMESON, JENNIFER D For item number 2 they argued 01:02:07.420 --> 01:02:11.470 that this glass does not contain physical characteristics associated 01:02:11.470 --> 01:02:14.810 with Candleholders because inside this glass cut. 01:02:14.810 --> 01:02:19.300 They said it had a domed or a convex bottom and they said 01:02:19.300 --> 01:02:21.520 that would make it unsuitable for holding a candle 01:02:21.520 --> 01:02:25.800 which they argued should have a flat surface to stabilize the candle. 01:02:30.025 --> 01:02:31.790 JAMESON, JENNIFER D So those are the arguments. 01:02:31.790 --> 01:02:33.290 JAMESON, JENNIFER D Wow, the court needed 01:02:33.290 --> 01:02:40.740 to decide is this glass components were part of the lamp or are they glassware. 01:02:40.740 --> 01:02:41.520 What do you think? 01:02:41.520 --> 01:02:42.040 Let me know? 01:02:42.040 --> 01:02:44.830 Yes, it is apart or no they are not apart? 01:02:49.900 --> 01:02:53.150 JAMESON, JENNIFER D That's yes, no for both yes, no 01:02:53.150 --> 01:02:55.450 as it is the same answer for both parts. 01:02:55.450 --> 01:03:02.820 JAMESON, JENNIFER D Glassware yeah, OK I again, I'm getting him a mixed bag. 01:03:02.820 --> 01:03:03.450 You can see why. 01:03:03.450 --> 01:03:06.070 These these are difficult questions and you can see why they go 01:03:06.070 --> 01:03:08.000 to the Court of International Trade. 01:03:08.000 --> 01:03:11.370 JAMESON, JENNIFER D So let's take a look at what the court said. 01:03:11.377 --> 01:03:15.047 JAMESON, JENNIFER D They said the glass is a part 01:03:16.460 --> 01:03:17.600 and let's take a look at why. 01:03:20.563 --> 01:03:23.100 JAMESON, JENNIFER D And the court said that item one 01:03:23.100 --> 01:03:27.470 which is that larger glass one where the metal arms hung on it, 01:03:27.470 --> 01:03:29.610 and then the candle sat and the metal arms 01:03:29.610 --> 01:03:34.570 that was clearly an integral component because it provides the structure 01:03:34.570 --> 01:03:40.210 of the lamp so that one definitely met the satisfied the Willoughby test. 01:03:40.210 --> 01:03:43.410 It is an integral component of the lamp. 01:03:43.410 --> 01:03:46.793 JAMESON, JENNIFER D For item 2, 01:03:46.831 --> 01:03:51.207 though was not clearly a an integral part. 01:04:01.179 --> 01:04:02.989 JAMESON, JENNIFER D Or those lamps and then the glass 01:04:02.990 --> 01:04:07.430 for those items do function to contain the client flame. 01:04:07.430 --> 01:04:12.630 They prevent an open flame situation without which the glass structures, 01:04:12.630 --> 01:04:17.010 the lamp and without which those glass structures that lamp couldn't function 01:04:17.010 --> 01:04:22.680 as safely or as consistently so if we apply the Pompeo test we see the glass 01:04:22.680 --> 01:04:26.400 is dedicated solely for use with the lamp and when it's applied 01:04:26.400 --> 01:04:29.100 to the lamp the lamp cannot function without it. 01:04:29.100 --> 01:04:33.980 JAMESON, JENNIFER D So the glassware item 2 satisfies the Pompeo Test. 01:04:35.900 --> 01:04:38.010 JAMESON, JENNIFER D Uh Oh, it looks like we lost some audio 01:04:38.010 --> 01:04:39.020 but it's back OK good. 01:04:39.020 --> 01:04:42.430 JAMESON, JENNIFER D Uhm OK so Pomeroy. 01:04:42.430 --> 01:04:43.420 JAMESON, JENNIFER D I uh. 01:04:45.150 --> 01:04:46.500 JAMESON, JENNIFER D Came up with a. 01:04:48.774 --> 01:04:53.139 JAMESON, JENNIFER D The Pomeroy decision clarified that Pompeo test. 01:04:53.140 --> 01:04:57.640 They clarified that there are 2 sections for the Pompeo set test. 01:04:57.640 --> 01:05:03.500 You need to answer is does is the article dedicated solely for use 01:05:03.500 --> 01:05:06.510 with the product is it is claimed to be a part of. 01:05:06.510 --> 01:05:11.080 JAMESON, JENNIFER D And when applied to that use the article cannot function 01:05:11.080 --> 01:05:12.850 without the article at issue. 01:05:19.025 --> 01:05:23.140 JAMESON, JENNIFER D So here is a slide showing the findings 01:05:23.140 --> 01:05:28.640 of all of these are first 4 court cases and we have a definition 01:05:28.640 --> 01:05:31.570 and 2 tests for a part of an article. 01:05:31.570 --> 01:05:34.510 JAMESON, JENNIFER D I've gone over them so I'm not gonna read them 01:05:34.510 --> 01:05:37.050 and you'll have actions to this slide. 01:05:37.050 --> 01:05:43.010 JAMESON, JENNIFER D These are the key parts of those, 4 court cases, 01:05:43.010 --> 01:05:43.770 but of course. 01:05:43.770 --> 01:05:46.632 This does not cover every possible part. 01:05:46.655 --> 01:05:51.299 I mean, our jobs would be so uninteresting if it were that easy 01:05:51.316 --> 01:05:54.526 so let's go over a few more court cases. 01:05:59.040 --> 01:06:04.300 JAMESON, JENNIFER D In the roller blade versus United States case in 2002. 01:06:04.300 --> 01:06:07.760 The court provided a clarifying interpretation of the definition 01:06:07.760 --> 01:06:13.470 of the term parts and they also clarify the term accessories. 01:06:13.470 --> 01:06:16.000 But for this presentation. 01:06:16.001 --> 01:06:20.631 I'm going to focus on the parts section of it now, the merchandise 01:06:20.659 --> 01:06:25.219 in this court case was protective gear for inline skating at 01:06:25.220 --> 01:06:29.360 and it included elbow pads knee pads and wrist guards. 01:06:33.775 --> 01:06:37.010 JAMESON, JENNIFER D They argued that these would be parts. 01:06:37.010 --> 01:06:39.280 JAMESON, JENNIFER D Uh of roller skates 01:06:39.280 --> 01:06:43.840 because they are designed tested manufactured and marketed solely 01:06:43.840 --> 01:06:45.870 for use for inline skates. 01:06:45.870 --> 01:06:50.550 Therefore, it was argued that the gear is otherwise related to inline skates 01:06:50.550 --> 01:06:54.330 and can be described as an accessory and again, even though in this case. 01:06:54.330 --> 01:06:56.630 They're arguing that these are accessories. 01:06:56.630 --> 01:07:00.220 The tariff heading that they're arguing covers parts and accessories. 01:07:00.220 --> 01:07:02.920 So we can apply this to our discussion on parts. 01:07:07.275 --> 01:07:09.470 JAMESON, JENNIFER D The argument against this being parts 01:07:09.470 --> 01:07:13.670 or accessories is that the gear does not relate directly 01:07:13.670 --> 01:07:16.360 to the inline skates because it has no effect on 01:07:16.360 --> 01:07:20.593 whether or how well the skates themselves will perform and 01:07:20.609 --> 01:07:23.459 what they argued that these are not accessories to skates, 01:07:23.460 --> 01:07:28.220 but they're roller skating equipment and because there is no specific provision 01:07:28.220 --> 01:07:29.550 for roller skating equipment. 01:07:29.550 --> 01:07:33.490 They argued that these should be classified as other sports equipment. 01:07:36.900 --> 01:07:38.720 JAMESON, JENNIFER D You know what to do the court. 01:07:38.720 --> 01:07:42.810 I did decide if these should be parts or accessories to inline skates 01:07:42.810 --> 01:07:46.310 or if they should be other sports equipment, so let me know yes, 01:07:46.310 --> 01:07:47.600 it's apart or no it is not. 01:07:50.649 --> 01:07:54.969 JAMESON, JENNIFER D K I'm seeing lot knows no other sports equipment OK. 01:07:54.970 --> 01:07:58.140 We are pretty much in agreement on that. 01:07:58.140 --> 01:08:00.860 Other other other yeah, OK. 01:08:00.860 --> 01:08:05.210 We pretty much agree that we think these are going to be not a part 01:08:05.210 --> 01:08:06.320 and the court said not apart. 01:08:10.150 --> 01:08:11.760 JAMESON, JENNIFER D And let's take a look at why. 01:08:14.399 --> 01:08:17.379 JAMESON, JENNIFER D In this case, the classification determination was 01:08:17.380 --> 01:08:22.090 between parts or accessories to inline skates, which is apart provision 01:08:22.090 --> 01:08:27.640 or other sports equipment, which is a basket provision and we cannot classify 01:08:27.640 --> 01:08:29.230 in a basket provision. 01:08:29.230 --> 01:08:33.160 If the merchandise is more specifically provided elsewhere 01:08:33.160 --> 01:08:36.340 so before they could even consider if it should be 01:08:36.340 --> 01:08:38.330 in the basket pivot provision. 01:08:38.330 --> 01:08:41.540 They looked to see if the gear could be considered parts or accessories 01:08:41.540 --> 01:08:42.160 of inline skates. 01:08:42.160 --> 01:08:45.520 JAMESON, JENNIFER D To do that, they looked at the definition 01:08:45.520 --> 01:08:47.380 of the term part and again. 01:08:47.380 --> 01:08:51.770 They also defined accessory, but I've not included, that in this presentation. 01:08:51.770 --> 01:08:57.880 JAMESON, JENNIFER D So this court case came up with the definition 01:08:57.880 --> 01:09:03.110 of parts from the Websters Dictionary, a part is an essential element 01:09:03.110 --> 01:09:03.900 or constituent. 01:09:03.900 --> 01:09:05.990 JAMESON, JENNIFER D Integral portion, 01:09:05.990 --> 01:09:07.950 which can be separated replaced et cetera. 01:09:09.530 --> 01:09:11.910 JAMESON, JENNIFER D And that definition is pretty much in keeping 01:09:11.910 --> 01:09:13.220 with the Willoughby decision. 01:09:13.225 --> 01:09:18.599 It agrees, but the court also focused that definition and they stated 01:09:18.600 --> 01:09:23.340 that a part or accessory must also bear a direct relationship 01:09:23.340 --> 01:09:26.330 to the primary article so in this case. 01:09:26.330 --> 01:09:29.380 The function of the gear is to protect the wearer 01:09:29.380 --> 01:09:33.890 from a skating related injury and it increases their safety their comfort. 01:09:33.890 --> 01:09:36.182 JAMESON, JENNIFER D Uhm the effectiveness 01:09:36.183 --> 01:09:37.710 of the person roller skating. 01:09:38.775 --> 01:09:40.920 JAMESON, JENNIFER D And it allows the person roller skating, too, maybe. 01:09:40.920 --> 01:09:45.260 JAMESON, JENNIFER D Do crazier stunts than they would have 01:09:45.260 --> 01:09:49.070 without the protective gear, but the court said that the. 01:09:49.070 --> 01:09:52.690 JAMESON, JENNIFER D Uhm protective gear 01:09:52.690 --> 01:09:55.210 with the skating equipment was not an accessory 01:09:55.210 --> 01:09:58.580 because the gear is not directly related to the skates. 01:09:58.580 --> 01:10:03.370 They say the gear goes on the user and it's intended to protect the user. 01:10:03.370 --> 01:10:07.650 So what is added to the skater does not help the skates. 01:10:07.650 --> 01:10:11.289 Therefore, they said the protective gear is not a part or accessory 01:10:11.300 --> 01:10:13.337 to the skates, but it would be classified 01:10:13.338 --> 01:10:15.180 in the basket provision in this case. 01:10:16.899 --> 01:10:20.739 JAMESON, JENNIFER D Key takeaways for the Rollerblade decision 01:10:20.740 --> 01:10:25.260 are this definition of part and then also that a part 01:10:25.260 --> 01:10:29.630 or accessory must have a direct relationship to the primary article. 01:10:33.150 --> 01:10:35.280 JAMESON, JENNIFER D Take one back in time a little bit again 01:10:35.280 --> 01:10:38.220 for this example court case United States 01:10:38.251 --> 01:10:40.700 versus American Express from 1941. 01:10:42.290 --> 01:10:43.125 JAMESON, JENNIFER D Uhm. 01:10:44.602 --> 01:10:48.219 JAMESON, JENNIFER D And UM the merchandise 01:10:48.220 --> 01:10:51.300 in this case is this is black paper. 01:10:51.300 --> 01:10:55.590 It's designed to separate sensitized film in a film pack 01:10:55.590 --> 01:10:57.140 and protect the film from light. 01:10:57.140 --> 01:11:01.140 JAMESON, JENNIFER D So here is a picture of a film pack. 01:11:01.140 --> 01:11:02.400 There's film inside it. 01:11:02.400 --> 01:11:04.480 And here is the black paper sticking out. 01:11:04.480 --> 01:11:08.770 It goes in between each of the sheets of film within this pack 01:11:08.770 --> 01:11:09.780 and as I understand it. 01:11:09.780 --> 01:11:12.380 The film pack is going to go at the back of this camera. 01:11:12.380 --> 01:11:17.550 I this is it here on the back and the photographer would pull out. 01:11:17.550 --> 01:11:23.470 This black separator sheet that would expose a piece of film in the pack 01:11:23.470 --> 01:11:25.730 and make it ready to record a picture. 01:11:25.730 --> 01:11:29.620 JAMESON, JENNIFER D Uh pulled paper tab is then thrown away. 01:11:32.922 --> 01:11:35.100 JAMESON, JENNIFER D So. 01:11:35.100 --> 01:11:37.480 JAMESON, JENNIFER D They argued that these were parts of cameras 01:11:37.480 --> 01:11:39.460 because they said, without film. 01:11:39.460 --> 01:11:40.830 The camera can't function. 01:11:40.830 --> 01:11:45.440 It needs the film and and in this case, it was the 1930s. 01:11:45.462 --> 01:11:51.172 I think it was the film was came pre packaged in that film pack adapter 01:11:52.469 --> 01:11:56.249 and they said they are the film pack and adapter is sold together 01:11:56.250 --> 01:12:02.330 in this example here is the film pack with all the other camera gear. 01:12:04.525 --> 01:12:06.600 JAMESON, JENNIFER D And the argument against. 01:12:06.600 --> 01:12:10.090 JAMESON, JENNIFER D I'd love that pack 2 awesome, UM, 01:12:10.091 --> 01:12:14.700 the argument against it being parts is when used in a camera. 01:12:14.700 --> 01:12:19.050 The film pack is operated as a separate and independent entity by the user 01:12:19.050 --> 01:12:19.650 of the camera. 01:12:19.650 --> 01:12:23.610 They said the film pack before it's a film pack before it goes in the camera. 01:12:23.610 --> 01:12:24.270 It's a film pack. 01:12:24.270 --> 01:12:28.240 While it's in the camera and then when all the films exposed it 01:12:28.240 --> 01:12:33.125 just becomes a pack of exposed films and it's such it's removed from the camera. 01:12:34.500 --> 01:12:35.124 JAMESON, JENNIFER D Uh. 01:12:35.125 --> 01:12:35.660 JAMESON, JENNIFER D So. 01:12:37.275 --> 01:12:41.130 JAMESON, JENNIFER D What do you think on this one is this going 01:12:41.130 --> 01:12:43.940 to be a part of the camera say yes or no? 01:12:53.750 --> 01:12:56.970 JAMESON, JENNIFER D OK, I am seeing a I am seeing. 01:12:56.970 --> 01:13:00.660 JAMESON, JENNIFER D And yes, his aunt notes for this one. 01:13:01.525 --> 01:13:03.700 JAMESON, JENNIFER D Again, these are these are complicated cases 01:13:03.700 --> 01:13:04.640 and we can see why. 01:13:04.640 --> 01:13:08.710 They made it all the way to the Court of International Trade. 01:13:08.717 --> 01:13:11.947 Let's take a look at what the court said. 01:13:13.900 --> 01:13:14.343 JAMESON, JENNIFER D There was 01:13:14.344 --> 01:13:18.810 a little bit of a trick ants trick question to answer it is a part. 01:13:18.810 --> 01:13:20.290 But it's a part of the film. 01:13:20.290 --> 01:13:22.890 Pat it is not a part of the camera. 01:13:22.890 --> 01:13:25.070 So I think everybody was right about that. 01:13:25.070 --> 01:13:28.790 JAMESON, JENNIFER D Come let's go into the details on that. 01:13:30.650 --> 01:13:32.590 JAMESON, JENNIFER D Uhm they argued. 01:13:32.590 --> 01:13:36.680 JAMESON, JENNIFER D That the film pack was a part of the camera 01:13:36.680 --> 01:13:41.060 because the camera couldn't function as a camera without the film pack, 01:13:41.060 --> 01:13:44.340 but the court noted that even though certain articles that are essential 01:13:44.340 --> 01:13:47.340 to the operation of a of the item or parts. 01:13:47.340 --> 01:13:50.980 It doesn't follow that all materials essential to the operation 01:13:50.980 --> 01:13:53.250 of an item are parts of it. 01:13:53.281 --> 01:13:56.901 They noted that the film packs separator would be similar to typewriter paper. 01:13:58.679 --> 01:14:02.419 JAMESON, JENNIFER D The material on which an object operates 01:14:02.420 --> 01:14:04.460 is not considered a part. 01:14:04.460 --> 01:14:08.280 JAMESON, JENNIFER D And the function of the camera is to cause an image 01:14:08.280 --> 01:14:11.570 to be formed on properly exposed sensitized film. 01:14:11.570 --> 01:14:16.610 The film is a product of the camera not a part of it. 01:14:16.610 --> 01:14:19.820 So the court ruled that the paper separators are a part 01:14:19.820 --> 01:14:22.210 of the film pack not a part of the camera. 01:14:22.210 --> 01:14:28.260 JAMESON, JENNIFER D And a part of a part is a part for tariff purposes. 01:14:28.260 --> 01:14:31.930 But it needs to meet the terms of the heading to qualify and this. 01:14:31.930 --> 01:14:35.650 JAMESON, JENNIFER D Did not qualify as a part of the camera? 01:14:35.650 --> 01:14:39.060 JAMESON, JENNIFER D Just because the paper separator is a part 01:14:39.060 --> 01:14:42.200 of the film pack and the film pack is used in the camera. 01:14:42.200 --> 01:14:46.960 It does not follow that the paper separator is a part of the camera. 01:14:46.960 --> 01:14:50.160 Therefore, it cannot be classified as a part of the camera. 01:14:50.160 --> 01:14:53.350 JAMESON, JENNIFER D And I saw a question asking 01:14:53.350 --> 01:14:56.280 about the definition between accessory and part 01:14:56.280 --> 01:14:58.500 and that is a very specific definition. 01:14:58.500 --> 01:15:01.060 I'm just not prepared to I don't have that. 01:15:01.060 --> 01:15:05.430 JAMESON, JENNIFER D Uhm information handy to go into and so I don't wanna. 01:15:05.430 --> 01:15:10.270 JAMESON, JENNIFER D Give faulty information, I'm just gonna let that. 01:15:10.270 --> 01:15:13.080 JAMESON, JENNIFER D I'm gonna I'm gonna look that question pass, 01:15:13.080 --> 01:15:14.460 I don't have that for you right here. 01:15:17.275 --> 01:15:20.100 JAMESON, JENNIFER D OK let's take a look at another case. 01:15:22.149 --> 01:15:24.179 JAMESON, JENNIFER D Uh another case that considers 01:15:24.180 --> 01:15:29.550 if a material is apart is Harding versus United States from 1936 01:15:29.550 --> 01:15:34.358 and the merchandise is rolls of woven material made 01:15:34.359 --> 01:15:38.230 of fibers like asbestos wool or steal again. 01:15:38.230 --> 01:15:39.360 This is just my best. 01:15:39.360 --> 01:15:45.420 Guess of what this might have looked like a roll of material that is made 01:15:45.420 --> 01:15:47.520 of asbestos will end steel. 01:15:47.520 --> 01:15:51.580 It's important in lengths of about 100 feet and it had various widths 01:15:51.587 --> 01:15:52.587 and thicknesses. 01:15:53.510 --> 01:15:54.250 JAMESON, JENNIFER D After. 01:15:54.250 --> 01:15:58.360 JAMESON, JENNIFER D Importation the material is cut 01:15:58.360 --> 01:16:01.440 so that it will cover brake shoes and here is an example 01:16:01.440 --> 01:16:06.560 of what a 1930s brake shoe could have looked like the metal part here 01:16:06.560 --> 01:16:09.480 and then you can see the fabric on top of it. 01:16:09.480 --> 01:16:13.110 It gets fastened onto the brake shoe with rivets 01:16:13.110 --> 01:16:15.370 and then after the material is secured. 01:16:15.370 --> 01:16:20.140 The technician would grind down the shoe so that the IT matches the radius 01:16:20.140 --> 01:16:21.470 of the drum here. 01:16:22.400 --> 01:16:24.040 JAMESON, JENNIFER D So that's the merchandise, 01:16:24.040 --> 01:16:26.770 they're bringing in just this material here. 01:16:26.770 --> 01:16:28.770 That's going to be used on brake shoes. 01:16:33.650 --> 01:16:35.580 JAMESON, JENNIFER D OK, so it was argued 01:16:35.580 --> 01:16:38.960 that the material should be considered a part of an automobile 01:16:38.960 --> 01:16:42.620 because it was only used in the manufacture of brake lining 01:16:42.620 --> 01:16:46.060 for automobiles and it is not commercial commercially suitable 01:16:46.060 --> 01:16:49.030 for any other use here is a picture. 01:16:49.030 --> 01:16:53.350 Another picture of possible brake shoes that could have been used 01:16:53.357 --> 01:16:57.327 in the 1930s with some of that lining material on it. 01:17:03.023 --> 01:17:05.038 JAMESON, JENNIFER D And on the other hand, rather than a part 01:17:05.039 --> 01:17:06.249 of an automobile. 01:17:06.250 --> 01:17:11.080 This was it was argued that this was a manufacturer of asbestos yarn. 01:17:11.080 --> 01:17:13.220 Now, this side had a witness? 01:17:13.220 --> 01:17:15.980 That testified that the involved material. 01:17:15.980 --> 01:17:21.820 This stuff was actually was commercially capable of use for multiple purposes. 01:17:21.820 --> 01:17:24.555 And it was used for things like hoists 01:17:24.556 --> 01:17:27.650 and with winches in industrial machinery. 01:17:27.650 --> 01:17:30.330 They said it could be used in all types of industrial clutch is that? 01:17:30.330 --> 01:17:33.930 JAMESON, JENNIFER D Could also be used as a dampener or a Sound Deadener. 01:17:33.930 --> 01:17:38.540 Under heavy machinery and they also said it could be used as packing between 01:17:38.540 --> 01:17:39.680 between steel flanges. 01:17:41.650 --> 01:17:45.430 JAMESON, JENNIFER D The side, arguing against parts also argued 01:17:45.430 --> 01:17:48.189 that the merchandise is not marked where it's to be cut. 01:17:48.190 --> 01:17:51.370 It's just this role of material there is nothing. 01:17:51.370 --> 01:17:54.970 JAMESON, JENNIFER D That screams brake shoe lining out of that. 01:17:58.900 --> 01:18:00.249 JAMESON, JENNIFER D But. 01:18:00.250 --> 01:18:03.300 JAMESON, JENNIFER D What do you all think is this a part of an automobile 01:18:03.300 --> 01:18:08.830 or is it a manufacturer of asbestos yarn it's yes apart or no it is not apart. 01:18:17.399 --> 01:18:20.779 JAMESON, JENNIFER D Hi I'm seeing mostly note, 01:18:20.780 --> 01:18:22.630 but I do see some yeses in here. 01:18:22.630 --> 01:18:27.480 JAMESON, JENNIFER D OK let's take a look at what the court has to say. 01:18:27.480 --> 01:18:30.294 JAMESON, JENNIFER D They say it is not a parked 01:18:30.295 --> 01:18:31.950 and let's take a look at why. 01:18:33.400 --> 01:18:36.140 JAMESON, JENNIFER D For this one, the court said that the identity 01:18:36.140 --> 01:18:40.420 of the individual brake shoe lining is not fixed with certainty at the time 01:18:40.420 --> 01:18:41.610 of importation. 01:18:41.610 --> 01:18:46.540 They said it was a mirror material capable of various uses for example, 01:18:46.540 --> 01:18:49.180 hoist sandwiches industrial clutches, etc. 01:18:50.899 --> 01:18:54.039 JAMESON, JENNIFER D In the condition as imported the long roll 01:18:54.077 --> 01:18:58.749 of brake lining material was in no manner dedicated to the making 01:18:58.750 --> 01:19:03.930 of any particular brake lining in fact, they had to cut the material lengthwise. 01:19:03.930 --> 01:19:06.040 They had to attach it to whatever size shoes. 01:19:06.040 --> 01:19:09.430 They had, and then they had to grind it down on the Sopwith Wise 01:19:09.430 --> 01:19:13.440 to meet the dimensions of whichever brake shoe that they are fitting 01:19:13.440 --> 01:19:18.320 and the court said to be a part of an automobile or a brake lining it 01:19:18.320 --> 01:19:21.820 must be more than a mere material for making the brake lining. 01:19:21.820 --> 01:19:25.950 JAMESON, JENNIFER D And the court ruled that to be considered a part 01:19:25.950 --> 01:19:30.300 of an article the identity of the individual article must be fixed 01:19:30.300 --> 01:19:33.180 with certainty at the time of importation. 01:19:34.900 --> 01:19:38.380 JAMESON, JENNIFER D And here they put the key takeaway there in red. 01:19:42.421 --> 01:19:46.299 JAMESON, JENNIFER D And lastly I would like to cover the bentler case, 01:19:46.300 --> 01:19:49.310 which ties back to an issue with Braille wave parts. 01:19:49.310 --> 01:19:53.320 Leanna mentioned the explanatory note to heading 8607, 01:19:53.320 --> 01:19:55.540 which states it should be noted, however, 01:19:55.540 --> 01:20:00.060 that angles shapes sections sheets plates and other parts of frames 01:20:00.060 --> 01:20:03.700 and also tubes and pipes of base metal remain classified 01:20:03.700 --> 01:20:07.900 in Section 15 unless they have been warped to such an extent 01:20:07.900 --> 01:20:11.387 that they're clearly identifiable as parts of locomotives 01:20:11.388 --> 01:20:12.650 or rolling stock so. 01:20:12.650 --> 01:20:15.290 JAMESON, JENNIFER D Let's take a look at this case on 01:20:15.290 --> 01:20:18.650 how the court classified tubes that were in this one. 01:20:18.650 --> 01:20:20.760 They were used in automotive application. 01:20:20.760 --> 01:20:23.920 But I think you can apply that to rail right applications as well. 01:20:23.920 --> 01:20:29.999 JAMESON, JENNIFER D So the merchandise in this case are sections 01:20:30.000 --> 01:20:30.630 of Seamless. 01:20:30.630 --> 01:20:33.740 JAMESON, JENNIFER D Their site Seamless Tubular sections. 01:20:33.740 --> 01:20:37.260 They have specific length weight wall thickness, 01:20:37.260 --> 01:20:40.730 outer diameter melt number chemical composition, etc. 01:20:40.730 --> 01:20:44.140 JAMESON, JENNIFER D Uh and they are used solely produced 01:20:44.140 --> 01:20:48.420 to produce automotive reinforcement side door beams and assemblies. 01:20:48.420 --> 01:20:52.580 JAMESON, JENNIFER D Again, this is not necessarily 01:20:52.580 --> 01:20:55.440 what the shipment actually looks like it was. 01:20:55.440 --> 01:20:57.150 JAMESON, JENNIFER D My best guess. 01:20:58.869 --> 01:21:01.869 JAMESON, JENNIFER D So the argument that these should be parts 01:21:01.870 --> 01:21:03.170 of a vehicle they said. 01:21:04.664 --> 01:21:07.990 JAMESON, JENNIFER D Uh that the tubes meet rigid automotive standards 01:21:07.990 --> 01:21:10.973 for anti impact performance of side doors 01:21:10.974 --> 01:21:15.110 on passenger automotive automobiles and you can see in this car here. 01:21:15.110 --> 01:21:20.900 The Red section here that is where these tubes or sections are going 01:21:20.900 --> 01:21:24.900 to be installed in the car and then they would help protect the passengers, 01:21:24.900 --> 01:21:25.880 if there wasn't a side impact. 01:21:25.880 --> 01:21:31.950 JAMESON, JENNIFER D They argued that the manufacturer they were manufactured 01:21:31.950 --> 01:21:35.370 with a unique chemical content and it was patent specifically 01:21:35.370 --> 01:21:36.710 for this intended purpose. 01:21:36.710 --> 01:21:39.660 JAMESON, JENNIFER D They said the number of beams to be cut 01:21:39.660 --> 01:21:45.460 from each of those sections was known exactly prior to importation 01:21:45.460 --> 01:21:47.829 and that the sections were differentiated 01:21:47.830 --> 01:21:50.410 by part numbers color code diameter and Wall thickness. 01:21:55.150 --> 01:21:57.090 JAMESON, JENNIFER D The argument that they should be classified 01:21:57.090 --> 01:22:00.820 as pipes and tubes is that after importation. 01:22:00.820 --> 01:22:03.370 The sections had to be cut. 01:22:03.370 --> 01:22:06.700 They were cut to length by either straight or a contour cut. 01:22:06.700 --> 01:22:12.320 Sometimes they had to Weld, A bracket onto each end in the case 01:22:12.320 --> 01:22:15.980 of the door beams one end is deformed and the other has 01:22:15.980 --> 01:22:21.840 a plug inserted after importation and they said there is no visible marking 01:22:21.840 --> 01:22:23.860 on those tubes to indicate where the tubes. 01:22:23.860 --> 01:22:27.220 JAMESON, JENNIFER D Going to be cut so they asked to identify it 01:22:27.220 --> 01:22:31.300 with certainty the individual articles at the time of importation. 01:22:34.025 --> 01:22:35.500 JAMESON, JENNIFER D What do you think? 01:22:35.500 --> 01:22:41.450 JAMESON, JENNIFER D Are these UM part of a motor vehicle or pipes and tubes? 01:22:41.450 --> 01:22:43.310 Yes, if it's a pipe up sorry? 01:22:43.310 --> 01:22:45.790 Yes, if it's apart no if it is not. 01:22:48.953 --> 01:22:53.130 JAMESON, JENNIFER D Ham saying no but general parts, yes, not apart no no no. 01:22:54.900 --> 01:22:56.860 JAMESON, JENNIFER D Lots of nose. 01:22:56.860 --> 01:23:01.840 JAMESON, JENNIFER D OK let's take a look at what the court said, 01:23:01.840 --> 01:23:02.490 and they said. 01:23:02.490 --> 01:23:04.130 JAMESON, JENNIFER D It is a part. 01:23:04.130 --> 01:23:09.390 JAMESON, JENNIFER D And, of course, we'll go through why. 01:23:11.805 --> 01:23:15.560 JAMESON, JENNIFER D The court ruled that these were considered parts 01:23:15.560 --> 01:23:19.500 because they were advanced enough in manufacturer to be identified 01:23:19.500 --> 01:23:22.159 as unfinished automotive parts now 01:23:22.160 --> 01:23:25.600 because the precise length wall thickness. 01:23:25.600 --> 01:23:29.240 Outer diameter part number car model and color code 01:23:29.240 --> 01:23:31.650 of the imported Seamless steel. 01:23:31.650 --> 01:23:34.610 Tubular sections was predetermined at importation. 01:23:34.610 --> 01:23:38.440 They held that these were dedicated to a singular use and they were, 01:23:38.440 --> 01:23:39.960 and not and not that. 01:23:39.960 --> 01:23:43.980 JAMESON, JENNIFER D And indiscernable number of articles could be made 01:23:43.980 --> 01:23:47.590 from them upon entry now on the other hand, 01:23:47.590 --> 01:23:49.680 there was a side hard going against these being. 01:23:49.680 --> 01:23:52.830 JAMESON, JENNIFER D Uh parts was that. 01:23:52.830 --> 01:23:56.280 JAMESON, JENNIFER D And there were no visible markings to indicate 01:23:56.280 --> 01:23:59.640 where the 2 was cut to identify with certainty. 01:23:59.640 --> 01:24:01.320 Uh individual articles. 01:24:01.320 --> 01:24:02.650 But in this case. 01:24:02.650 --> 01:24:06.210 The sections were painted with colored bands to identify them 01:24:06.210 --> 01:24:08.900 and then they're going to be cut with a laser cutting process 01:24:08.900 --> 01:24:13.840 that does not need physical markings because the machine the 01:24:13.840 --> 01:24:17.020 the required measurements are programmed into the cutting machine, 01:24:17.020 --> 01:24:20.220 so the court took that into case into consideration. 01:24:21.750 --> 01:24:24.850 JAMESON, JENNIFER D You could identify which section that was 01:24:24.850 --> 01:24:29.990 and then the machine already knew where it was going to cut it and they said. 01:24:29.990 --> 01:24:32.360 The court ruled that these were considered parts 01:24:32.360 --> 01:24:36.530 because they were advanced enough and manufacturer to be identified 01:24:36.530 --> 01:24:38.610 as unfinished automotive parts. 01:24:40.189 --> 01:24:42.879 JAMESON, JENNIFER D Again here's our take away from this one in right. 01:24:42.880 --> 01:24:45.110 It's very similar to the last one. 01:24:45.110 --> 01:24:48.270 JAMESON, JENNIFER D And it remains a material until the identity 01:24:48.270 --> 01:24:52.080 of the actual articles can be seen emergency emerging with certainty 01:24:52.080 --> 01:24:56.220 at the time of importation so this one physically to our human. 01:24:56.220 --> 01:24:59.400 I could not be seen with emergency with certainty. 01:24:59.400 --> 01:25:05.440 But there was enough about enough done before importation into these sections 01:25:05.440 --> 01:25:09.900 that the court determined they were unfinished automotive parts. 01:25:14.275 --> 01:25:16.290 JAMESON, JENNIFER D So that is all of the court cases 01:25:16.290 --> 01:25:17.490 that I want to go to today. 01:25:17.490 --> 01:25:21.500 JAMESON, JENNIFER D But I also want to mention 2 very important. 01:25:21.500 --> 01:25:25.650 Notes one leanna already hit mentioned that is the US. 01:25:25.650 --> 01:25:28.490 Additional rules of interpretation. 01:25:28.490 --> 01:25:30.883 Of course, those are found at the beginning of the tariff 01:25:30.884 --> 01:25:33.170 and the general notes just after the gri 's. 01:25:33.170 --> 01:25:40.670 JAMESON, JENNIFER D And it says that before classifying and article as apart. 01:25:40.670 --> 01:25:43.150 JAMESON, JENNIFER D Uhm you need to know if 01:25:43.150 --> 01:25:46.550 if it could be more specifically provided for anywhere else in the tariff 01:25:46.550 --> 01:25:48.740 because if it is it cannot be apart. 01:25:51.275 --> 01:25:55.750 JAMESON, JENNIFER D And because this is in my part I. 01:25:55.750 --> 01:26:00.730 I can't let I can't do this presentation without briefly mentioning parts 01:26:00.730 --> 01:26:01.530 of general use. 01:26:01.530 --> 01:26:05.080 JAMESON, JENNIFER D Which is a pretty complex topic leanna 01:26:05.080 --> 01:26:06.030 already mentioned it? 01:26:06.030 --> 01:26:10.140 We have an entire presentation from 2019 on that that you can go 01:26:10.140 --> 01:26:13.410 and get all the details but key things to remember when you're looking 01:26:13.410 --> 01:26:15.920 at parts is section 15. 01:26:15.920 --> 01:26:20.460 Note 2 identifies that anything classified in these headings Here listed 01:26:20.460 --> 01:26:21.160 in sections. 01:26:21.160 --> 01:26:23.620 AB&C not going to go into him here. 01:26:23.620 --> 01:26:27.320 Those are considered parts of general use that's a lot of stuff in there. 01:26:27.320 --> 01:26:29.630 JAMESON, JENNIFER D And apart of general use 01:26:29.630 --> 01:26:34.740 When it's entered separately is not classified as a part of an article. 01:26:34.740 --> 01:26:38.170 Rather, it is classified in the appropriate heading that describes it 01:26:38.170 --> 01:26:38.880 in Section 15. 01:26:38.880 --> 01:26:43.790 JAMESON, JENNIFER D So parts of general use and similar goods 01:26:43.790 --> 01:26:47.840 of plastic are essentially excluded from classification. 01:26:47.840 --> 01:26:50.430 In Chapter 73 to 96. 01:26:50.430 --> 01:26:52.930 That's a very rough generalization. 01:26:52.930 --> 01:26:55.750 JAMESON, JENNIFER D Uhm but it's just I want to point out 01:26:55.750 --> 01:26:59.860 how important it is to be looking considering if these could be apart 01:26:59.860 --> 01:27:03.230 of general use before you classify it as a part. 01:27:03.230 --> 01:27:08.200 JAMESON, JENNIFER D Uhm again this is it really a complicated topic. 01:27:08.200 --> 01:27:13.370 You can see the full presentation on parts of general use using this link. 01:27:13.370 --> 01:27:19.030 It is the same one that you'll be given for this exact presentation. 01:27:19.030 --> 01:27:23.630 It's it's found under a heading for industrial manufacturing. 01:27:23.630 --> 01:27:27.240 JAMESON, JENNIFER D Uh Destral and manufacturing materials heading. 01:27:27.240 --> 01:27:30.690 JAMESON, JENNIFER D And you can get a full presentation on parts 01:27:30.690 --> 01:27:31.700 of general use. 01:27:34.525 --> 01:27:35.430 JAMESON, JENNIFER D Sure. 01:27:35.430 --> 01:27:37.830 JAMESON, JENNIFER D This is a compilation of all 01:27:37.830 --> 01:27:42.080 of the parts tests definitions and key points that we discussed 01:27:42.080 --> 01:27:46.370 from the court cases today and I'm going to use this sheet 01:27:46.370 --> 01:27:50.460 to look at a couple of examples and you'll see the sheet again don't worry. 01:27:50.460 --> 01:27:56.250 JAMESON, JENNIFER D So here are my examples, the first one, is a sync grid. 01:27:56.250 --> 01:28:03.170 JAMESON, JENNIFER D It's we're just classifying this sink grid right here 01:28:03.170 --> 01:28:04.720 is the sync grid. 01:28:04.720 --> 01:28:08.560 A part of sanitary Ware or a part of this sink here. 01:28:08.560 --> 01:28:11.500 It's installed in the sink. 01:28:11.500 --> 01:28:15.820 Its functions to protect the sink from surface scratches scratches 01:28:15.820 --> 01:28:19.190 and help dry the dishes so let's take a look at our. 01:28:20.275 --> 01:28:21.000 JAMESON, JENNIFER D Sheet here. 01:28:23.275 --> 01:28:25.240 JAMESON, JENNIFER D And we can apply the definitions. 01:28:25.240 --> 01:28:29.580 The sync grid is that an integral constituent or component part 01:28:29.580 --> 01:28:31.620 without which that sink could not be async. 01:28:31.620 --> 01:28:34.310 JAMESON, JENNIFER D No, it's not the sync is just fine 01:28:34.310 --> 01:28:35.730 without that grid it does its job. 01:28:35.730 --> 01:28:36.240 JAMESON, JENNIFER D Uhm. 01:28:36.240 --> 01:28:41.280 JAMESON, JENNIFER D Sync does not meet the Willoughby test 01:28:41.280 --> 01:28:44.930 is it solely dedicated for use with the sync. 01:28:44.930 --> 01:28:49.140 You could say that, but then remember this is a 2 part test 01:28:49.140 --> 01:28:53.880 and when applied to that use the sink could not function 01:28:53.880 --> 01:28:55.380 without the article well. 01:28:55.380 --> 01:28:56.820 That's not the case. 01:28:56.820 --> 01:28:59.550 The sink is can still be a sync. 01:28:59.557 --> 01:29:00.967 Without that sink grid. 01:29:02.119 --> 01:29:06.859 So this does not meet the definition of apart and in this case, 01:29:06.860 --> 01:29:08.240 it is going to be classified. 01:29:08.240 --> 01:29:11.060 JAMESON, JENNIFER D Come as a household article, but it is not. 01:29:11.060 --> 01:29:14.450 JAMESON, JENNIFER D And integral or constituent part of the sink. 01:29:20.370 --> 01:29:25.100 JAMESON, JENNIFER D Uh my next example is a mud motor, 01:29:25.100 --> 01:29:28.700 which is used in the oil and gas drilling industry. 01:29:28.700 --> 01:29:31.580 It can drill holes in bedrock apparently. 01:29:31.580 --> 01:29:35.220 JAMESON, JENNIFER D The question is, are 4 components 01:29:35.220 --> 01:29:37.670 of a mud motor parts of the mud voter. 01:29:40.775 --> 01:29:43.220 JAMESON, JENNIFER D And let's take a look here. 01:29:44.525 --> 01:29:47.360 JAMESON, JENNIFER D Uh so the question using our chart here 01:29:47.360 --> 01:29:49.520 is do the components meet our definition. 01:29:50.529 --> 01:29:54.619 So I haven't really told you about those let me go through quickly. 01:29:54.620 --> 01:29:57.190 JAMESON, JENNIFER D Hey UM, the components are designed 01:29:57.190 --> 01:30:01.700 that the 4 components that we're trying to classify are designed 01:30:01.700 --> 01:30:03.780 to channel drilling fluid through the mud. 01:30:03.780 --> 01:30:08.190 Motor thus enabling the motor to produce sufficient pressure to power. 01:30:08.190 --> 01:30:11.150 The drill if any of those components is missing. 01:30:11.150 --> 01:30:15.490 Then the drilling fluid would spill out and wouldn't give enough low pressure 01:30:15.490 --> 01:30:18.145 and if there's not enough low pressure it can't rotate 01:30:18.146 --> 01:30:19.400 and if it doesn't rotate. 01:30:19.400 --> 01:30:21.130 JAMESON, JENNIFER D And then the whole. 01:30:21.130 --> 01:30:25.370 JAMESON, JENNIFER D Machine does not work and it will not drill 01:30:25.370 --> 01:30:32.040 so given that explanation of what those 4 components does it's pretty clear that 01:30:32.040 --> 01:30:36.770 without those 4 the mud motor could not function without the mud motor 01:30:36.770 --> 01:30:41.100 so as a result, these components satisfy actually both the Willoughby 01:30:41.100 --> 01:30:42.830 and the Pompeo test they are a. 01:30:42.830 --> 01:30:47.920 JAMESON, JENNIFER D They are a part of the motor they are an integral 01:30:47.920 --> 01:30:49.650 and constituent part. 01:30:53.492 --> 01:30:57.600 JAMESON, JENNIFER D OK so this is the This is we're going to wrap up 01:30:57.600 --> 01:30:59.560 with this one last example. 01:30:59.560 --> 01:31:04.090 JAMESON, JENNIFER D I get here a lot of questions about this kind of thing. 01:31:04.090 --> 01:31:08.300 JAMESON, JENNIFER D Uhm this is an example for tubing 01:31:08.300 --> 01:31:14.140 for an automatic transmission and the question is, are these pipes and tubes, 01:31:14.140 --> 01:31:18.040 which may look similar to the one here in the picture are they parts 01:31:18.040 --> 01:31:21.230 and accessories of an automobile or are they pipes and tubes. 01:31:22.289 --> 01:31:27.869 JAMESON, JENNIFER D These will be used for the uh used 01:31:27.870 --> 01:31:32.090 in the automatic transmission of an automobile powertrain system 01:31:32.090 --> 01:31:35.760 and they function to facilitate the flow of hydraulic fluid? 01:31:35.760 --> 01:31:39.230 JAMESON, JENNIFER D The goods imported are an alloy 01:31:39.230 --> 01:31:42.560 and non alloy carbon steel straight pipes. 01:31:42.560 --> 01:31:46.740 The wall thickness diameter and length were provided for 2 of the 3 styles 01:31:46.740 --> 01:31:52.080 that were imported and after importation the pipes are cut to length. 01:31:52.080 --> 01:31:55.660 The ends are chamfered to a 30 degree angle and then they're washed 01:31:55.660 --> 01:32:00.250 with a light film of rust inhibitor and something I don't have 01:32:00.250 --> 01:32:03.903 on the slide is that the pipes are actually apparently smaller 01:32:03.904 --> 01:32:05.120 in diameter than. 01:32:05.120 --> 01:32:07.310 JAMESON, JENNIFER D Kind of a more typical pipe I I guess. 01:32:07.310 --> 01:32:10.480 JAMESON, JENNIFER D But that's what they're bringing in 01:32:10.480 --> 01:32:16.350 and they're questioning should this be a part of the automatic transmission 01:32:16.350 --> 01:32:17.900 or a pipe in a tube. 01:32:18.400 --> 01:32:20.941 JAMESON, JENNIFER D And I got some people answering there saying no 01:32:22.095 --> 01:32:24.149 let's take a look at this was not a court case. 01:32:24.150 --> 01:32:26.470 This was a ruling letter. 01:32:26.470 --> 01:32:27.510 Let's take a look. 01:32:27.510 --> 01:32:29.550 JAMESON, JENNIFER D Uhm using our key points here. 01:32:30.695 --> 01:32:32.370 JAMESON, JENNIFER D The pipes are going to be used 01:32:32.370 --> 01:32:35.900 in an automatic transmission to facilitate the flow of hydraulic fluid, 01:32:35.900 --> 01:32:39.450 which could probably be considered an integral constituent or component. 01:32:39.450 --> 01:32:42.210 Part of the transmission, but are the pipes that are 01:32:42.210 --> 01:32:46.550 being imported are they advanced enough in manufacturer to be identified 01:32:46.550 --> 01:32:50.660 as unfinished automotive parts, so that's what we need to look at we need 01:32:50.660 --> 01:32:55.920 to identify if these are unfinished automotive parts and and is that fixed 01:32:55.920 --> 01:32:58.750 with certainty at the time of importation. 01:32:58.750 --> 01:33:00.560 JAMESON, JENNIFER D I'm seeing a lot of nose and. 01:33:00.560 --> 01:33:06.320 JAMESON, JENNIFER D I I have to agree with you in this case, 01:33:06.320 --> 01:33:09.570 the shipment is just simple straight lengths of pipes. 01:33:09.570 --> 01:33:11.010 They're not banther not drilled. 01:33:11.010 --> 01:33:11.690 They're not flared. 01:33:11.690 --> 01:33:14.870 They're not tapered, not otherwise shaped or manufacturer 01:33:14.870 --> 01:33:19.780 to specifically conform only for the use in automotive transmission. 01:33:19.780 --> 01:33:24.410 The pipe in this case could conceivably be used in various other applications 01:33:24.410 --> 01:33:26.840 that require that smaller diameter pipe. 01:33:26.840 --> 01:33:29.430 You know for example, maybe air conditioning. 01:33:29.430 --> 01:33:30.900 JAMESON, JENNIFER D Uh unit. 01:33:30.900 --> 01:33:34.190 JAMESON, JENNIFER D Therefore, the pipe is. 01:33:34.190 --> 01:33:39.930 JAMESON, JENNIFER D Uh not classified as a part. 01:33:39.930 --> 01:33:44.370 JAMESON, JENNIFER D Uhm because the character is not fixed with certainty 01:33:44.370 --> 01:33:46.130 at the time of importation. 01:33:46.130 --> 01:33:48.410 It is not a part of a motor vehicle. 01:33:48.410 --> 01:33:51.210 JAMESON, JENNIFER D It looks like most of you were saying, 01:33:51.210 --> 01:33:53.590 no it was not apart so I'm very happy. 01:33:53.590 --> 01:33:55.410 We are on the same page of that. 01:33:57.650 --> 01:33:59.740 JAMESON, JENNIFER D Before we get to questions. 01:33:59.740 --> 01:34:03.540 I want to pop through these slides here here are some useful links. 01:34:05.275 --> 01:34:08.240 JAMESON, JENNIFER D That she could have some good information for you 01:34:08.240 --> 01:34:11.030 for cross rulings or if you want to request a binding ruling. 01:34:12.859 --> 01:34:15.989 JAMESON, JENNIFER D And again this presentation is going to be posted 01:34:15.990 --> 01:34:17.710 for the trade community. 01:34:17.710 --> 01:34:21.140 At this link here and that's also where you can find the parts 01:34:21.140 --> 01:34:25.470 of general use parts of general use is actually online right now 01:34:25.470 --> 01:34:28.120 and this one will be there shortly. 01:34:30.775 --> 01:34:33.875 JAMESON, JENNIFER D Here is my contact information email 01:34:33.875 --> 01:34:36.610 is the best way to reach me and it's my name there. 01:34:36.610 --> 01:34:37.810 JAMESON, JENNIFER D Uhm. 01:34:39.025 --> 01:34:41.500 JAMESON, JENNIFER D So now do you have any questions 01:34:41.500 --> 01:34:45.620 that I can help and my very my guess is that the first question you're going 01:34:45.620 --> 01:34:47.630 to have is to see this slide again? 01:34:47.630 --> 01:34:51.500 So I'm just going to put that up in I'll let that sit there 01:34:51.501 --> 01:34:54.231 and if you've got any questions, let me know. 01:35:03.370 --> 01:35:05.950 JAMESON, JENNIFER D OK again what's the difference between an accessory 01:35:05.950 --> 01:35:08.260 in apart, according to the the court. 01:35:08.260 --> 01:35:11.300 I am going to come. 01:35:11.300 --> 01:35:15.200 I'm going to not answer that question sorry 01:35:15.200 --> 01:35:19.830 because it is a very specific definition and I'm just not prepared 01:35:19.830 --> 01:35:21.810 to have that information. 01:35:21.810 --> 01:35:24.450 I just don't have it with me right here. 01:35:24.450 --> 01:35:28.870 You could go back to some of those rulings and and see the definition. 01:35:28.871 --> 01:35:29.871 I just don't have it for you. 01:35:32.150 --> 01:35:33.230 JAMESON, JENNIFER D Uhm. 01:35:34.774 --> 01:35:37.299 JAMESON, JENNIFER D OK, like so you would you consider masts 01:35:37.300 --> 01:35:39.600 and booms parts of sailboats? 01:35:39.600 --> 01:35:41.000 JAMESON, JENNIFER D Uhm. 01:35:42.310 --> 01:35:43.900 JAMESON, JENNIFER D I would need to know. 01:35:44.866 --> 01:35:49.029 JAMESON, JENNIFER D Uhm that that would not be my my my merchandise 01:35:49.030 --> 01:35:51.950 to answer and it's a specific question. 01:35:51.950 --> 01:35:55.879 So I'm going to defer that one as well to the specific NIS is. 01:35:55.880 --> 01:35:58.740 JAMESON, JENNIFER D Uhm they'll need information more 01:35:58.740 --> 01:36:02.570 about the the materials being imported and how they're being used. 01:36:06.525 --> 01:36:09.260 JAMESON, JENNIFER D Uhm I went back to that because here 01:36:10.280 --> 01:36:11.300 and any other questions. 01:36:15.900 --> 01:36:18.374 JAMESON, JENNIFER D Slide 89. 01:36:19.275 --> 01:36:20.000 JAMESON, JENNIFER D So Yep. 01:36:21.125 --> 01:36:23.249 JAMESON, JENNIFER D Oh, 86. 01:36:24.275 --> 01:36:25.290 JAMESON, JENNIFER D Same thing OK. 01:36:26.525 --> 01:36:29.190 JAMESON, JENNIFER D They're all the same, yeah, I put him in multiple times. 01:36:29.190 --> 01:36:32.120 'cause I figured that would be information you might want. 01:36:34.400 --> 01:36:36.945 JAMESON, JENNIFER D OK, it looks like that might be. 01:36:38.140 --> 01:36:40.350 JAMESON, JENNIFER D Uhm OK here's another one 01:36:40.350 --> 01:36:43.300 if it would I consider a vehicle Vin Plate, a part 01:36:43.300 --> 01:36:45.230 of an automotive automobile cabin. 01:36:45.230 --> 01:36:47.350 JAMESON, JENNIFER D Uhm. 01:36:47.350 --> 01:36:52.290 JAMESON, JENNIFER D I I'm gonna defer that one to it's got forgetting 01:36:52.290 --> 01:36:54.440 to get more specific information. 01:36:54.440 --> 01:36:56.920 JAMESON, JENNIFER D Uh before I answer that. 01:36:58.630 --> 01:37:00.610 JAMESON, JENNIFER D Uh my question on the mud motor 01:37:00.610 --> 01:37:05.270 if the parts was a rubber or plastic gasket or screws. 01:37:05.270 --> 01:37:07.520 Those would not be classified as a motor right 01:37:07.520 --> 01:37:09.880 as they were provided for elsewhere. 01:37:09.880 --> 01:37:13.210 So if it was if they were just bringing in the screws 01:37:13.210 --> 01:37:16.770 or the gas gets alone right they would be classified. 01:37:16.770 --> 01:37:22.600 JAMESON, JENNIFER D Probably as screws up getting theoretical here. 01:37:22.600 --> 01:37:23.270 JAMESON, JENNIFER D Uhm. 01:37:25.275 --> 01:37:28.610 JAMESON, JENNIFER D And they would probably be classified as the screws, 01:37:28.610 --> 01:37:32.510 which would be a part of general use and then it would be not considered 01:37:32.522 --> 01:37:33.759 a part of. 01:37:33.760 --> 01:37:34.410 But in this case. 01:37:34.410 --> 01:37:39.420 They were very specific components that worked together 01:37:39.420 --> 01:37:41.460 to make that mud motor function. 01:37:46.586 --> 01:37:51.630 JAMESON, JENNIFER D OK, UM Alright Well, it looks like most could I go back 01:37:51.630 --> 01:37:52.650 to the links. 01:37:52.650 --> 01:37:54.375 JAMESON, JENNIFER D Once all the questions 01:37:54.375 --> 01:37:57.430 do you mean the links for the UM? 01:37:59.900 --> 01:38:01.390 JAMESON, JENNIFER D Oops I'm going the wrong way, it'll be picked those. 01:38:01.390 --> 01:38:02.060 JAMESON, JENNIFER D Likes. 01:38:04.875 --> 01:38:07.590 JAMESON, JENNIFER D Do you mean you mean those links 01:38:07.590 --> 01:38:08.400 if they're different ones? 01:38:08.400 --> 01:38:08.960 Let me know. 01:38:08.960 --> 01:38:10.670 JAMESON, JENNIFER D Uhm. 01:38:10.670 --> 01:38:14.304 JAMESON, JENNIFER D And again and a former stasis valve used 01:38:14.310 --> 01:38:17.799 in a medical device valve is a part of the device when it's 01:38:17.800 --> 01:38:18.890 in sported separately. 01:38:18.890 --> 01:38:22.000 I would need more specifics on what exactly. 01:38:22.000 --> 01:38:24.910 JAMESON, JENNIFER D Uhm the the valve was and how it worked, 01:38:24.910 --> 01:38:27.890 and how it functioned and then I would have to. 01:38:27.890 --> 01:38:32.320 I would be working with another NIS who's Mark 2 covers that merchandise 01:38:32.335 --> 01:38:34.385 so I am going to defer on that one as well. 01:38:40.340 --> 01:38:43.945 JAMESON, JENNIFER D Uh all right, I think. 01:38:45.900 --> 01:38:47.590 JAMESON, JENNIFER D That is dumb. 01:38:48.775 --> 01:38:51.690 JAMESON, JENNIFER D Pretty much everything I think we've gotten 01:38:51.690 --> 01:38:52.400 through your questions. 01:38:52.400 --> 01:38:54.860 I just want to remind you that when you're classifying goods 01:38:54.860 --> 01:38:59.030 that could be considered as parts review the section chapter and explanatory. 01:38:59.030 --> 01:39:01.170 Notes First and then keep in mind. 01:39:01.170 --> 01:39:04.050 These key tests definitions endpoints that we went through today 01:39:04.050 --> 01:39:05.840 and before we go. 01:39:05.840 --> 01:39:09.200 I want to say thank you to national import Specialist Associates 01:39:09.200 --> 01:39:11.780 Richard Schuler, and Sonata Abdulrazak. 01:39:11.780 --> 01:39:13.870 For your help putting together this webinar. 01:39:13.870 --> 01:39:14.720 Also, thank you. 01:39:14.720 --> 01:39:16.560 Miriam Destro Jennie Kim Center. 01:39:16.560 --> 01:39:18.730 Wall yeah, and Funking Kong for your expertise. 01:39:18.730 --> 01:39:21.120 JAMESON, JENNIFER D And hosting it and of course. 01:39:21.127 --> 01:39:24.387 Thank you all for attending have a great afternoon.