WEBVTT

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>> HOST: Good afternoon, I'm Chrissi with
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office of trade relations. Today's
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webinar is on the Classification Issues
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with Engines, Drive-Axles & More!. This
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webinar is part of the NCDs 2023 webinar
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series. You will be on mute during the
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presentation. Therefore we ask you
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submit any questions you have in the
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chat feature..
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Now I would like to pass over to national
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import specialist, Liana Alvarez.
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>> LIANA ALVAREZ: Good afternoon,
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everyone. And good morning to all the
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friends in on the West Coast. Welcome
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to the Classification Issues with Engines, Drive-Axles & More!
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My name is Liana Alvarez, as Chrissi
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said I'm the national import specialist
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with the xhauddy division.
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The commodities under my purview include
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engines and motors in chapter 84 of the
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schedule of the United States,
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automotive parts, trailers and parts of
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trailers on chapter 87. Aircraft parts
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of chapter 88. Except drones. That's
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Matt Sullivan.
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And floating structures of chapter 89.
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And because I handle such a variety of
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articles within the HTUS, I receive
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multiple requests to discuss different
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topics not really related to one or
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another. As a result, I decided to put
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them all together in a very, oddly,
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named webinar. So enjoy.
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Here's our -- oops -- let's see. Our
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mission statement. The CBP mission
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statement. The office of trades mission
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statement states that the office of
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trade facilities legitimate trade,
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enforces laws, and prex the economy
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economy to ensure consumer safety and
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create a level playing field for
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American businesses.
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This is just a little heads up that this
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webinar is for general information
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purposes only. And it's just intended
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to provide some guidance. You may want
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to wish to obtain a binding ruling or
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may be seek guidance from a private
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sector expert. Because relying solely
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on general information in this webinar
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may not be considered reasonable care.
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Another disclaimer that the order of
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visual media including images, video and
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sound contained in this webinar is
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either public domain or was obtained
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through appropriate copyright licenses
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and educational purposes only and no
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endorsement by CBP.
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And because many complicated factors can
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be involved in customs issues, you may
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want to obtain a binding ruling via the
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website, via the link, that's on this
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slide.
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So, let's begin. We'll begin with the
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topic of large vertical shaft engines.
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I'm assuming that this topic was
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requested because the of recent
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antidumping case from large vertical
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shaft engines from China.
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I was I asked to identify features of
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engines. I will try to do so in the
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next few slides. But I will not be
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discussing the actual dumping case
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itself.
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So this is under the purview of the
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department of commerce. So if you are
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interested in the antidumping case
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itself, you can either e-mail me or I'll
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find an appropriate point of contact for
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you for the case itself.
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So large vertical engines are basically,
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these are gasoline engines. They are --
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they have -- they're designed for and
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used in riding lawn mowers and zero turn
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radius lawn mower. And can be used in
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other non-hand held outdoor commitment
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such as brush mowers, grinders and
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vertical start generators. They have to
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say a minimum displacement of 225 cubic
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centimeters, cc. And the maximum
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displacement of 999 cc.
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Here is the equipment that such engines
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are used on. They're usually larger
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equipment, and this is the riding and
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zero turn radius lawn mowers.
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On this slide you can see certain
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features that the large vertical engines
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may have and the location of some
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components as you can see. I'm not
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going to go in it. It really -- it's
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self-explanatory.
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And then we'll go into small vertical
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shaft engines. Which is basically the
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same as the large vertical shaft
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engines. However, the displacement in
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the small vertical shaft engines are
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between 99 cc up to 225 cc.
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And they are predominantly used for and
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work behind lawn mowers and other
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non-hand held outdoor equipment such as
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pressure washers.
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Now let's talk classification. Large
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vertical shaft? Gens are engines that
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generate gross power between 6.7
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kilowatts to about 42 kilowatts.
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Small vertical shaft engines are
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typically engines that generate gross
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power between 1.95 kill ought and 4.75
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kilowatts.
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So as a result the classification may
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vary between sub heading and 7108090
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depending on the gross power and the
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equipment that it's used on.
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Now, let's go into the next topic. Anyone
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have any questions regarding engines?
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[Pause for questions].
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No? Okay. The next topic that was
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requested was the classification of
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drive axles with differential parts vs.
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transaxle with differential parts. I
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know it's a mouthful. But we'll go into
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it deeper.
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With the automotive industry constantly
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evolving and it seems everyday there's a
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new invention in this field, it's very
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difficult to keep up and classify such
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articles. As NIS for almost 9 years in
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this field, it's always challenging.
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However, drive-axles with differentialles
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and transaxles have been around for some
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time. And we will try to address each.
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What is a differential? It is a set of
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gears that transmits engine power to the
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wheel allowing to turn to different
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speeds on turns. If you have a solid
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axle on the set of the wheels, it will
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not turn basically.
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That's the differential comes in. The
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front wheel drive, the FWD, it's usually
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along the transmission inside of housing
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and the whole unit is called transaxle..
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With rear wheel drive cars, RWD, the
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differential is between the rear wheels
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and connected to the transmission by a
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drive-axles. Sorry, by a drive shaft --
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sorry.
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And all wheel drive, AWD, ask 4 wheel
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drive vehicles at a center differential
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or transfer case to distribute power
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from the rear.
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The drive-axles is a component that
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extends from the differential into the
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tire. Drive-axleses can be found in
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both front or rear wheel cars and
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necessary to operate both front and rear
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axle.
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As I mentioned earlier, the transaxle
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performance both gear changing function
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over transmission and the power
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splitting ability of a differential and
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non-integrated unit.
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The operation of a transaxle is the same
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of any transmission. The only
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difference is instead of being connected
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to a long drive shaft to the rear axles
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the transmissions output shaft -- drives
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the large gear that matches with the
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differential gear. And the transmission
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itself is in the transaxle housing
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mounted parallel to the transmission.
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There's what the transaxle looks like
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with the differential. The interesting
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part is the classification.
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All right. So sub heading 870840
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provides for transmission and parts
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thereof. While sub heading 870850
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Provides For Drive-axless with
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differential non-driving axles and
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parts. What is the classification of
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drive-axleses with differential
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transaxle and their respective parts?
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In headquarters ruleling 954982, oh, look
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at that, I don't have the date of this
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ruling, but I will get it for you, if
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you need the date.
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CBP discussed the classification of
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transaxles. It states in the ruling
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that the unit has a three speed
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synchromesh transmission and high
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efficiency bevel differential gears
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along with other components. This
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component is directly coupled to an
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engine. The transaxle precisely
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delivers to the near wheels. In that
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ruling CBP determined -- oh, thank you.
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It's dated November 17th, 1993. Thanks,
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Philip?
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Yes. So and that ruling CBP determined
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that the transaxle is correctly
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classified in 870840 as a transmission
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equipment or gear box.
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Now let's go back to our HTS. So, what
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do we do when we have to classify
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individual component? When the question
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was first submitted there was an
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assumption that sub heading 70850
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coverings axles typically found in rear
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wheel drive lay outs. As the result the
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dinchlgzs found in transaxles it found
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as transmission equipment -- as part of
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gear boxes and transmission.
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I disagree, however. In headquarters
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rulings, H963031 and H96322, both dated
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March 3rd, 2000, CBP discussed
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classifications within automatic
00:13:54.157 --> 00:13:56.157
transmissions and they were classified
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in sub heading 870893 which provides for
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clutches 6789 rather than parts of
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transmissions in 870840.
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The ruling stated, both rulings stated
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that automatic transmissions have
00:14:12.222 --> 00:14:14.661
internal clumps to engage and disengage
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the engines. And -- sorry,
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automatically as the gears change.
00:14:18.907 --> 00:14:22.884
Articles that engage and disengage the
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engine automatically perform the
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function of a clutch within the common
00:14:27.876 --> 00:14:31.282
and commercial meaning of them.
00:14:31.282 --> 00:14:35.530
For purposes of sub heading 70893 the
00:14:35.530 --> 00:14:42.223
provision of clutches described the
00:14:42.223 --> 00:14:46.502
commodity -- and it could be the
00:14:46.502 --> 00:14:49.191
construed within the transaxle. A
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transaxle as a whole is classified in
00:14:52.347 --> 00:14:56.879
sub heading 870840 as transmission
00:14:56.879 --> 00:14:59.317
equipment or gear boxes.
00:14:59.317 --> 00:15:01.436
Individual components related to axles,
00:15:01.436 --> 00:15:04.125
half shafts or difference part will be
00:15:04.125 --> 00:15:09.819
classified in sub heading 870850.
00:15:09.819 --> 00:15:14.094
You can also check a few rulings that
00:15:14.094 --> 00:15:17.937
classify transaxle components that
00:15:17.937 --> 00:15:21.471
related to differentials and parts of
00:15:21.471 --> 00:15:25.881
the drive-axles. There are some rulings
00:15:25.881 --> 00:15:31.441
-- that classified those components in
00:15:31.441 --> 00:15:39.126
sub heading 870850. And the rulings are
00:15:39.126 --> 00:15:49.937
N041 dated October 21st, 2008. N267122
00:15:49.937 --> 00:16:00.818
dated August 7th, 2015. And N317521
00:16:00.818 --> 00:16:02.882
dated March 5th, 2021.
00:16:02.882 --> 00:16:06.132
Okay. All right. So next I would like
00:16:06.132 --> 00:16:08.564
to discuss some recently issued
00:16:08.564 --> 00:16:12.664
headquarters rulings that were either
00:16:12.664 --> 00:16:15.376
result of for further review or
00:16:15.376 --> 00:16:18.786
applications for further review.
00:16:18.786 --> 00:16:22.783
Internal advice or reconsideration for
00:16:22.783 --> 00:16:26.038
New York rulings. The authority that
00:16:26.038 --> 00:16:34.850
oversees the decisions is titled in
00:16:34.850 --> 00:16:36.281
CFR177.12.
00:16:36.281 --> 00:16:38.287
Which talks about modification or
00:16:38.287 --> 00:16:41.819
revocation of interpretive rulings for
00:16:41.819 --> 00:16:44.692
review decisions and previous treatments
00:16:44.692 --> 00:16:51.944
of substantial identical transactions.
00:16:51.944 --> 00:16:53.347
The first ruling that I would like to
00:16:53.347 --> 00:17:02.878
discuss is headquarters ruling 309484,
00:17:02.878 --> 00:17:11.563
dated Nevada 192021. This was for
00:17:11.563 --> 00:17:13.850
further review.
00:17:13.850 --> 00:17:17.532
The merchandise is rider. It is
00:17:17.532 --> 00:17:20.504
described as portable automobile safety
00:17:20.504 --> 00:17:24.348
device designed to use by children ages
00:17:24.348 --> 00:17:28.191
3-11-year-olds. The rider is further
00:17:28.191 --> 00:17:30.627
described as being a car seat option
00:17:30.627 --> 00:17:33.592
that fits in your pocket. And it has
00:17:33.592 --> 00:17:36.974
the design of a vest or harness.
00:17:36.974 --> 00:17:39.844
In other words it is designed to function
00:17:39.844 --> 00:17:42.289
as a safety device to the effects of the
00:17:42.289 --> 00:17:44.972
seatbelt of an automobile like a car
00:17:44.972 --> 00:17:52.225
seat or harness.
00:17:52.225 --> 00:17:55.785
Chelsea, you can hold on to your
00:17:55.785 --> 00:17:57.506
question. We can answer all the
00:17:57.506 --> 00:17:58.350
questions at the end of the
00:17:58.350 --> 00:18:02.188
presentation, thank you.
00:18:02.188 --> 00:18:07.600
So two possible sub headings were
00:18:07.600 --> 00:18:15.567
discussed. Heading 6307 on that
00:18:15.567 --> 00:18:20.256
provided for other need of articles and
00:18:20.256 --> 00:18:23.506
heading 8708 as parts and accessories of
00:18:23.506 --> 00:18:27.503
vehicles.
00:18:27.503 --> 00:18:29.503
So headquarters stated this subject
00:18:29.503 --> 00:18:33.624
safety vest or harness device is
00:18:33.624 --> 00:18:41.999
designed for use solely and exclusivey
00:18:41.999 --> 00:18:45.418
in automobiles for seatbelt systems for
00:18:45.418 --> 00:18:49.816
children. In the heading -- informs
00:18:49.816 --> 00:18:52.813
that seeblths and other similar articles
00:18:52.813 --> 00:18:58.503
which are part for vehicles are provided
00:18:58.503 --> 00:19:01.783
in this heading. What do you guys think
00:19:01.783 --> 00:19:05.559
the final classification of this little
00:19:05.559 --> 00:19:07.599
vest was?
00:19:07.599 --> 00:19:15.844
All right. 8708. Anyone else wants to
00:19:15.844 --> 00:19:23.099
jump in? No one else? Yup. 8708. As
00:19:23.099 --> 00:19:28.099
headquarters indicated, the seatbelt
00:19:28.099 --> 00:19:32.937
systems are described in the explanatory
00:19:32.937 --> 00:19:39.597
notes to heading 8708 as being provided
00:19:39.597 --> 00:19:42.879
for in this heading.
00:19:42.879 --> 00:19:49.565
All right. So, the next ruling that I
00:19:49.565 --> 00:19:54.381
would like to discuss is headquarters
00:19:54.381 --> 00:20:03.456
ruling H317007. Dated February 13,
00:20:03.456 --> 00:20:06.784
2023. And it was a result of a
00:20:06.784 --> 00:20:12.164
reconsideration request of ruling
00:20:12.164 --> 00:20:17.162
N312073 dated on June 8th, 2020.
00:20:17.162 --> 00:20:22.255
And it was filed by Samo Travis and
00:20:22.255 --> 00:20:26.815
Rosenburg. The classification of cast
00:20:26.815 --> 00:20:33.347
iron cinder heads and blockcaseings.
00:20:33.347 --> 00:20:35.909
The steps including manufacturing of
00:20:35.909 --> 00:20:41.318
cast iron parts, cleaning and machine
00:20:41.318 --> 00:20:44.474
needing to finish machinery. One of
00:20:44.474 --> 00:20:49.844
those steps including a primer. A coat
00:20:49.844 --> 00:20:54.254
of primer paint to prevent rest.
00:20:54.254 --> 00:20:56.847
The possible classification sub headings
00:20:56.847 --> 00:21:02.655
were presented. One of them is
00:21:02.655 --> 00:21:05.655
84099910. Which is cast iron parts not
00:21:05.655 --> 00:21:08.063
advanced beyond cleaning and machine
00:21:08.063 --> 00:21:13.469
only for removal of fence
00:21:13.469 --> 00:21:16.597
(Indiscernible) risers for location
00:21:16.597 --> 00:21:17.160
machinery.
00:21:17.160 --> 00:21:26.536
And the second one was 84099991 as parts
00:21:26.536 --> 00:21:31.975
of -- other parts of diesel engines.
00:21:31.975 --> 00:21:36.658
In ruling 312073 that was the subject of
00:21:36.658 --> 00:21:40.782
this reconsideration request, the NIS,
00:21:40.782 --> 00:21:47.031
me, [Chuckles] relied on ruling, on
00:21:47.031 --> 00:21:55.878
headquarters ruling H2876670 -- among
00:21:55.878 --> 00:21:58.536
other headquarters decisions.
00:21:58.536 --> 00:22:05.946
Where CBP stated regarding castings that
00:22:05.946 --> 00:22:08.376
CBP has consistently held that coating,
00:22:08.376 --> 00:22:16.473
lacquering, and paintering processes not
00:22:16.473 --> 00:22:20.161
incidental to nonfoundry work.
00:22:20.161 --> 00:22:23.880
As a result, I classified this article in
00:22:23.880 --> 00:22:29.124
sub heading 84099991 as other parts of
00:22:29.124 --> 00:22:31.405
diesel engines.
00:22:31.405 --> 00:22:34.818
However I didn't take into consideration
00:22:34.818 --> 00:22:37.942
the rose machine and mill supply
00:22:37.942 --> 00:22:40.501
incorporated vs. United States court
00:22:40.501 --> 00:22:44.627
case. Or in short, rose machine.
00:22:44.627 --> 00:22:48.903
In that case we held that painting cast
00:22:48.903 --> 00:22:51.593
iron rollers for machines to protect
00:22:51.593 --> 00:22:55.622
against oxidation did not advance them
00:22:55.622 --> 00:22:58.842
beyond being cleaned for purposes of
00:22:58.842 --> 00:23:01.151
classification under the tariff
00:23:01.151 --> 00:23:01.405
schedule.
00:23:01.405 --> 00:23:03.974
So, therefore, what do you think
00:23:03.974 --> 00:23:07.256
happened? Did headquarters agree with
00:23:07.256 --> 00:23:16.904
me? Or did they reclassify it in
00:23:16.904 --> 00:23:20.595
84099910? Any takers on this one?
00:23:20.595 --> 00:23:22.474
Anyone?
00:23:22.474 --> 00:23:26.160
You think they agreed with me?
00:23:26.160 --> 00:23:27.000
[Pause].
00:23:27.000 --> 00:23:35.696
Okay. All right. All right. Perfect.
00:23:35.696 --> 00:23:41.788
So, the headquarters did not agree with
00:23:41.788 --> 00:23:47.223
me and they applied the rose machine
00:23:47.223 --> 00:23:54.031
case to this issue and the ruling was
00:23:54.031 --> 00:24:02.001
revoked, reflexing the classification of
00:24:02.001 --> 00:24:07.534
84099910 as cast iron parts not advanced
00:24:07.534 --> 00:24:11.812
cleaning and so forth.
00:24:11.812 --> 00:24:14.501
Next case. We have two cases. We have
00:24:14.501 --> 00:24:17.499
two headquarters rulings that are also
00:24:17.499 --> 00:24:24.035
reconsideration requests. Of rulings
00:24:24.035 --> 00:24:28.722
N264869, and N264870. They were both
00:24:28.722 --> 00:24:40.692
dated June 21st, and this was reconciled
00:24:40.692 --> 00:24:43.380
by Hyundai motor company.
00:24:43.380 --> 00:24:48.497
Under review was -- and timing tensioner.
00:24:48.497 --> 00:24:52.186
It's a mouthful. I do apologize for the
00:24:52.186 --> 00:24:57.031
terminologies, but that's the way it
00:24:57.031 --> 00:25:00.725
works with automotive parts. The
00:25:00.725 --> 00:25:06.073
tensioner arm assembly is comprised of a
00:25:06.073 --> 00:25:08.001
plastic shoe in base and attach to the
00:25:08.001 --> 00:25:10.973
chain. And maintain it's constant and
00:25:10.973 --> 00:25:14.654
regular orbit. One end of the item is
00:25:14.654 --> 00:25:19.504
fixed on automobile engine with a bolt.
00:25:19.504 --> 00:25:22.064
And the other end of the item transmits
00:25:22.064 --> 00:25:24.629
pressure from the timing tensioner to
00:25:24.629 --> 00:25:31.158
the chain and maintains its tension. Ive
00:25:31.158 --> 00:25:34.440
it is attached to the chain directly and
00:25:34.440 --> 00:25:36.717
prevents the chain from getting off the
00:25:36.717 --> 00:25:40.537
frag. The base is fixed to the engine
00:25:40.537 --> 00:25:44.614
and attached to the thymic tensioner.
00:25:44.614 --> 00:25:46.973
The second item is the time in chain
00:25:46.973 --> 00:25:52.778
tensioner is describes to time in chain
00:25:52.778 --> 00:25:58.628
and consisting of steel housing, spring
00:25:58.628 --> 00:26:04.004
ratchet, and a ring, and plunger. In
00:26:04.004 --> 00:26:07.436
controlling the chain, it performs a
00:26:07.436 --> 00:26:09.562
dampening function maintaining the
00:26:09.562 --> 00:26:12.968
stability of the stretched chain during
00:26:12.968 --> 00:26:16.971
operation.
00:26:16.971 --> 00:26:23.922
Okay. It's not moving. All right.
00:26:23.922 --> 00:26:25.907
Let's talk classification.
00:26:25.907 --> 00:26:31.187
Um, two possible classification headings
00:26:31.187 --> 00:26:41.141
were presented in this case. Um, is the
00:26:41.141 --> 00:26:47.094
tension arm assembly and the timing
00:26:47.094 --> 00:26:54.499
chain classified as part of engines or
00:26:54.499 --> 00:27:00.908
parts of motor vehicles in heading 0708
00:27:00.908 --> 00:27:03.750
as parts in vehicles? Who wants to take
00:27:03.750 --> 00:27:11.716
a stab at this one? 8409. 8708. Okay.
00:27:11.716 --> 00:27:12.280
Okay.
00:27:12.280 --> 00:27:18.411
All right.
00:27:18.411 --> 00:27:18.535
[Pause].
00:27:18.535 --> 00:27:26.499
So, headquarters while we receive
00:27:26.499 --> 00:27:28.224
multiple responses coming through, the
00:27:28.224 --> 00:27:31.345
headquarters stated the tension arm
00:27:31.345 --> 00:27:34.880
holds the timing chain in place and in
00:27:34.880 --> 00:27:38.721
addition to enabling the timing chain
00:27:38.721 --> 00:27:41.152
also prevents from it coming into direct
00:27:41.152 --> 00:27:43.722
contact with the engine block or the
00:27:43.722 --> 00:27:46.566
engine head. The base or tension or arm
00:27:46.566 --> 00:27:49.127
assembly connects the shoe to the
00:27:49.127 --> 00:27:51.098
engine. Without the tension arm
00:27:51.098 --> 00:27:53.533
assembly, the timing chain cannot
00:27:53.533 --> 00:27:56.662
function and the engine cannot properly
00:27:56.662 --> 00:28:03.467
ignite the fuel mixture inside the
00:28:03.467 --> 00:28:06.596
silllender, and time and chain to
00:28:06.596 --> 00:28:10.319
prevent engine failure.
00:28:10.319 --> 00:28:14.564
As a result, headquarters classified both
00:28:14.564 --> 00:28:26.218
of these assemblies in sub heading 84991
00:28:26.218 --> 00:28:29.498
as part of gas lean engines.
00:28:29.498 --> 00:28:40.155
Our next topic, can a ruling be revoked
00:28:40.155 --> 00:28:43.028
-- sorry, can a ruling be revoked
00:28:43.028 --> 00:28:45.314
without headquarters specifically
00:28:45.314 --> 00:28:49.841
indicating so? Does anyone know the
00:28:49.841 --> 00:28:52.533
answer to that? I kind of have the
00:28:52.533 --> 00:28:53.809
slide open [Chuckles]
00:28:53.809 --> 00:29:01.497
So the answer is yes. Yes, they can. We
00:29:01.497 --> 00:29:04.905
call it revoked by operation of law.
00:29:04.905 --> 00:29:08.629
There are only a few instances when that
00:29:08.629 --> 00:29:11.316
could happen and they're listed on the
00:29:11.316 --> 00:29:13.908
slide. The first one is the certain
00:29:13.908 --> 00:29:17.161
rulings or decisions, I should say,
00:29:17.161 --> 00:29:24.971
certain decisions can be revoked by law
00:29:24.971 --> 00:29:26.096
based on the court decision.
00:29:26.096 --> 00:29:28.097
If there are changes in the legal notes
00:29:28.097 --> 00:29:32.062
of the harmonized tariff schedule or
00:29:32.062 --> 00:29:35.065
changes in the language of the tariff
00:29:35.065 --> 00:29:39.629
chapter, heading, or sub heading.
00:29:39.629 --> 00:29:43.752
All right. So the first -- and the
00:29:43.752 --> 00:29:51.997
reason I chose the next few court cases
00:29:51.997 --> 00:29:56.417
is because we discussed mostly parts of
00:29:56.417 --> 00:29:59.659
whether it's parts of engines, parts of
00:29:59.659 --> 00:30:01.533
certain equipment, or parts of the
00:30:01.533 --> 00:30:03.095
vehicles.
00:30:03.095 --> 00:30:07.650
So the next few cases that I will be
00:30:07.650 --> 00:30:11.748
discussing are the decisions that had to
00:30:11.748 --> 00:30:15.597
do with parts of articles. So one of
00:30:15.597 --> 00:30:20.885
the oldest court cases that CBP kil
00:30:20.885 --> 00:30:28.690
relies on is United States vs. will be
00:30:28.690 --> 00:30:31.939
camera stores.
00:30:31.939 --> 00:30:38.222
[Reading the slide].
00:30:38.222 --> 00:30:45.872
So, the item under review was a tripod,
00:30:45.872 --> 00:30:51.880
a wooden tripod for a camera. It was
00:30:51.880 --> 00:30:54.287
1933, mind you.
00:30:54.287 --> 00:30:57.971
To make their argument, that a tripod is
00:30:57.971 --> 00:31:04.532
a part of a camera, these are the
00:31:04.532 --> 00:31:07.502
arguments that were presented. The
00:31:07.502 --> 00:31:10.340
tripods are essential to the cameras
00:31:10.340 --> 00:31:15.745
because this camera must, while in use,
00:31:15.745 --> 00:31:17.746
be supported and held in a given
00:31:17.746 --> 00:31:21.434
position, either horizontal and vertical
00:31:21.434 --> 00:31:24.561
and the tripods are such supports.
00:31:24.561 --> 00:31:29.689
Tripods are so made that objects
00:31:29.689 --> 00:31:32.537
supported by them may be elevated and
00:31:32.537 --> 00:31:34.253
they are connected to cameras when in
00:31:34.253 --> 00:31:39.787
use extend upwardly through the flat
00:31:39.787 --> 00:31:42.062
circular heads through the tripods and
00:31:42.062 --> 00:31:45.911
fit into sockets of the cameras.
00:31:45.911 --> 00:31:49.598
And some of the arguments against it,
00:31:49.598 --> 00:31:53.433
those tripods being parts of cameras,
00:31:53.433 --> 00:31:58.221
are the cameras and tripods are rarely
00:31:58.221 --> 00:32:05.098
sold together. Tripods are used for
00:32:05.098 --> 00:32:08.090
other purposes. And the use of the
00:32:08.090 --> 00:32:13.780
tripod is optional. They compared it to
00:32:13.780 --> 00:32:15.905
a type writer desk. What do you think
00:32:15.905 --> 00:32:18.621
the court decision was? It's a really
00:32:18.621 --> 00:32:24.033
really old case. But we always that in
00:32:24.033 --> 00:32:25.725
our rulings.
00:32:25.725 --> 00:32:28.999
(Indiscernible) that's right. The court
00:32:28.999 --> 00:32:33.283
decision was not a part.
00:32:33.283 --> 00:32:36.811
Or may be part of the furniture? Maybe
00:32:36.811 --> 00:32:36.969
[Chuckles]
00:32:36.969 --> 00:32:41.661
All right. Our next case is also an
00:32:41.661 --> 00:32:49.036
oldie, 1955. But it's not quite as old
00:32:49.036 --> 00:32:53.311
as willow be. It's United States vs.
00:32:53.311 --> 00:32:59.438
Antonio Pompeo. The article must be
00:32:59.438 --> 00:33:01.998
solely dedicated for use with the
00:33:01.998 --> 00:33:05.123
product it claimed to be apart of it.
00:33:05.123 --> 00:33:07.970
And when in use that article cannot
00:33:07.970 --> 00:33:13.499
function without the article at issue.
00:33:13.499 --> 00:33:19.624
The item discussed was a super charger.
00:33:19.624 --> 00:33:28.592
Here are some arguments to for it to be
00:33:28.592 --> 00:33:30.995
a part. It's designed specifically for
00:33:30.995 --> 00:33:34.409
use on automobiles and in specific
00:33:34.409 --> 00:33:37.248
engines. Extensive alterations in the
00:33:37.248 --> 00:33:40.388
engines were necessary to installed and
00:33:40.388 --> 00:33:43.379
once installed the engine will not
00:33:43.379 --> 00:33:50.340
operate if the tuber charger fails.
00:33:50.340 --> 00:33:52.909
Some arguments against it, it's not an
00:33:52.909 --> 00:33:55.874
intergrl part for which the article it
00:33:55.874 --> 00:33:59.596
is to be joined could not function as
00:33:59.596 --> 00:34:03.004
such article. Because the automobiles
00:34:03.004 --> 00:34:07.284
could function as automobiles without
00:34:07.284 --> 00:34:11.095
the imported super charges, those super
00:34:11.095 --> 00:34:14.090
charges parts at the time of
00:34:14.090 --> 00:34:15.534
importation.
00:34:15.534 --> 00:34:16.497
The third argument is that the
00:34:16.497 --> 00:34:20.782
automobiles are -- as manufactured --
00:34:20.782 --> 00:34:24.185
did not have super charges. It would
00:34:24.185 --> 00:34:29.035
operate perfectly without the super
00:34:29.035 --> 00:34:31.597
charger being installed. What do you
00:34:31.597 --> 00:34:38.847
think the court decision was?
00:34:38.847 --> 00:34:40.968
All right I see different responses.
00:34:40.968 --> 00:34:44.096
Mostly apart. Not a part. Okay. All
00:34:44.096 --> 00:34:46.654
right.
00:34:46.654 --> 00:34:51.628
The court was decision was it's apart.
00:34:51.628 --> 00:35:00.439
As, I said, the article must be solely
00:35:00.439 --> 00:35:01.878
dedicated for use with the product it is
00:35:01.878 --> 00:35:03.593
claimed to be a part of. And when you
00:35:03.593 --> 00:35:06.438
applied to that use the article cannot
00:35:06.438 --> 00:35:09.283
function without the article at issue.
00:35:09.283 --> 00:35:15.250
So, there's a couple of other cases.
00:35:15.250 --> 00:35:21.776
I'm not going into depth, but these are
00:35:21.776 --> 00:35:24.221
the cases we use. Not as old as the
00:35:24.221 --> 00:35:27.628
first two. But we still rely on them to
00:35:27.628 --> 00:35:30.032
determine whether an article is a part.
00:35:30.032 --> 00:35:34.159
The first one is born technologist
00:35:34.159 --> 00:35:41.120
limited vs. United States and where it
00:35:41.120 --> 00:35:44.248
says imported item is not a part if it's
00:35:44.248 --> 00:35:46.401
a separate and distinct commercial
00:35:46.401 --> 00:35:48.529
entity. And the subject of this course
00:35:48.529 --> 00:35:52.935
case was a canopy for a car seat.
00:35:52.935 --> 00:35:56.465
And in this case, the canopy was
00:35:56.465 --> 00:36:03.471
determined to be a part. Because it did
00:36:03.471 --> 00:36:09.157
not have a separate and distinct
00:36:09.157 --> 00:36:10.848
commercial entity.
00:36:10.848 --> 00:36:14.126
The second case we use quite often in our
00:36:14.126 --> 00:36:27.500
rulings and decisions is mitts bihe and
00:36:27.500 --> 00:36:32.470
-- where the article is part of a part
00:36:32.470 --> 00:36:34.184
then an a part of the whole. The
00:36:34.184 --> 00:36:38.435
subject of this case was electronic --
00:36:38.435 --> 00:36:43.127
sorry, electronic motor. That had its
00:36:43.127 --> 00:36:45.842
internal valves and a little part of the
00:36:45.842 --> 00:36:48.412
valve was determined to be a part of the
00:36:48.412 --> 00:36:54.249
valve rather than a part of the whole
00:36:54.249 --> 00:36:55.503
electronic motor.
00:36:55.503 --> 00:37:03.031
Next. And let me go back. And so the
00:37:03.031 --> 00:37:05.908
reason I brought up these cases is just
00:37:05.908 --> 00:37:08.314
to show you that the rulings that
00:37:08.314 --> 00:37:10.590
involved determining parts of articles
00:37:10.590 --> 00:37:14.275
issued prior to these court cases, in
00:37:14.275 --> 00:37:17.126
contrary to the court decisionerize now
00:37:17.126 --> 00:37:23.809
revoked by operation of law.
00:37:23.809 --> 00:37:25.816
So now we're going to change and sub
00:37:25.816 --> 00:37:32.494
headings. As you maybe aware in 2021,
00:37:32.494 --> 00:37:35.228
the international trade commission
00:37:35.228 --> 00:37:37.314
implemented major changes in the
00:37:37.314 --> 00:37:38.750
harmonized tariff schedule. For
00:37:38.750 --> 00:37:43.434
example, prior to 2021, automotive wind
00:37:43.434 --> 00:37:47.562
shields and windows which did not meet
00:37:47.562 --> 00:37:53.093
the terms of heading 7007, I want to
00:37:53.093 --> 00:37:55.690
reiterate that did not meet the terms of
00:37:55.690 --> 00:38:03.778
heading 7007, glass articles were in sub
00:38:03.778 --> 00:38:09.591
heading -- as other automotive body
00:38:09.591 --> 00:38:09.592
parts.
00:38:09.592 --> 00:38:18.408
After the changes took effect in 2021,
00:38:18.408 --> 00:38:21.524
now those wind shields and windows are
00:38:21.524 --> 00:38:28.653
provided for in sub heading 870822.
00:38:28.653 --> 00:38:34.221
As front wind screens and so forth.
00:38:34.221 --> 00:38:37.746
That's all rulings involving such
00:38:37.746 --> 00:38:43.030
articles prior to 2021 or evoked by
00:38:43.030 --> 00:38:46.996
operation of law.
00:38:46.996 --> 00:38:53.276
And this is our last slide. I promise,
00:38:53.276 --> 00:38:55.809
it's the last slide [Chuckles]
00:38:55.809 --> 00:39:05.626
It's about a radiator of sections 17
00:39:05.626 --> 00:39:09.032
prior to 2017, Section 17 note 2 E
00:39:09.032 --> 00:39:12.313
stated that machines or apparatus of
00:39:12.313 --> 00:39:21.562
headings 8401 to 84709, articles of
00:39:21.562 --> 00:39:25.824
heading of these -- provided that
00:39:25.824 --> 00:39:32.374
constute integral motors. Articles --
00:39:32.374 --> 00:39:35.785
are excluded from Section 17.
00:39:35.785 --> 00:39:38.499
As a result some temperature changing
00:39:38.499 --> 00:39:41.747
equipment used with articles of Section
00:39:41.747 --> 00:39:51.068
17 such as vehicles, air craft were in
00:39:51.068 --> 00:39:58.531
heading 8419. However, after 2017, the
00:39:58.531 --> 00:40:03.935
legal notes were changed to include
00:40:03.935 --> 00:40:06.346
other than the radiators for the
00:40:06.346 --> 00:40:08.783
articles of this section.
00:40:08.783 --> 00:40:16.343
Which means that all rulings, prior to
00:40:16.343 --> 00:40:17.469
2017, involving temperature changing
00:40:17.469 --> 00:40:23.591
equipment with vehicles, for vehicles,
00:40:23.591 --> 00:40:27.843
or other articles of Section 17 are
00:40:27.843 --> 00:40:33.965
revoked by operation of law. And that's
00:40:33.965 --> 00:40:36.785
it.
00:40:36.785 --> 00:40:41.785
Now, does anyone have any questions?
00:40:41.785 --> 00:40:47.595
[Pause for questions].
00:40:47.595 --> 00:40:50.313
Sandra? Any questions?
00:40:50.313 --> 00:40:53.996
>> SANDRA WALIA: No previous questions,
00:40:53.996 --> 00:40:54.156
no.
00:40:54.156 --> 00:40:57.000
>> LIANA ALVAREZ: Someone had a raised
00:40:57.000 --> 00:41:01.534
hand? Do you want to top off a
00:41:01.534 --> 00:41:02.097
question?
00:41:02.097 --> 00:41:07.093
[Pause for questions]
00:41:07.093 --> 00:41:10.094
>> HOST: There's a question in the chat
00:41:10.094 --> 00:41:12.217
box. You said earlier an item cannot be
00:41:12.217 --> 00:41:15.624
considered a part if it's a separate and
00:41:15.624 --> 00:41:17.749
distinct identity. Can you expand what
00:41:17.749 --> 00:41:19.746
makes that difference?
00:41:19.746 --> 00:41:23.432
>> LIANA ALVAREZ: Distinct and commercial
00:41:23.432 --> 00:41:28.154
entity. Let me go back. Hang on. Is
00:41:28.154 --> 00:41:33.252
this an imported item is not a part if
00:41:33.252 --> 00:41:34.965
it's a separate and distinct commercial
00:41:34.965 --> 00:41:39.095
entity.
00:41:39.095 --> 00:41:43.497
So, let me explain it, I guess, in
00:41:43.497 --> 00:41:49.746
better terms. If an article is
00:41:49.746 --> 00:41:56.719
described, it's described as a distinct
00:41:56.719 --> 00:41:59.559
entity, then it would be classified as
00:41:59.559 --> 00:42:03.282
that entity. For example, I always
00:42:03.282 --> 00:42:07.966
bring that example with let's say,
00:42:07.966 --> 00:42:11.934
automotive seats.
00:42:11.934 --> 00:42:19.623
Automotive seats are not exclusively
00:42:19.623 --> 00:42:23.594
excluded from Section 17. However,
00:42:23.594 --> 00:42:27.595
seats are specifically provided for in
00:42:27.595 --> 00:42:30.279
chapter 94.
00:42:30.279 --> 00:42:34.121
As a result, we don't classify automotive
00:42:34.121 --> 00:42:35.966
seats as parts of vehicles. They have
00:42:35.966 --> 00:42:39.532
their own distinctive, commercial
00:42:39.532 --> 00:42:45.500
entity. And if they are as such, we
00:42:45.500 --> 00:42:47.494
don't classify them as parts.
00:42:47.494 --> 00:42:51.467
So does that make sense?
00:42:51.467 --> 00:42:56.754
[Pause].
00:42:56.754 --> 00:43:00.594
Did somebody ask about the information
00:43:00.594 --> 00:43:08.245
slide? Okay. I'm going backwards. I
00:43:08.245 --> 00:43:10.416
have my contact information, hang on a
00:43:10.416 --> 00:43:15.937
second. I'm getting there.
00:43:15.937 --> 00:43:18.059
All right this is my contact information.
00:43:18.059 --> 00:43:26.033
Again, just one note that I would like
00:43:26.033 --> 00:43:30.030
to make, is if you have questions about
00:43:30.030 --> 00:43:32.150
a particular product, I will not be able
00:43:32.150 --> 00:43:36.137
to answer by e-mail or even a phone
00:43:36.137 --> 00:43:41.532
call. You should probably seek binding
00:43:41.532 --> 00:43:47.494
ruling for such article. I can always
00:43:47.494 --> 00:43:55.620
discuss certain terminologies or
00:43:55.620 --> 00:43:58.751
regulations that oversee certain
00:43:58.751 --> 00:44:02.597
products. But we can't really discuss a
00:44:02.597 --> 00:44:07.408
classification of a merchandise by
00:44:07.408 --> 00:44:07.561
e-mail.
00:44:07.561 --> 00:44:12.405
So, if you do have any questions
00:44:12.405 --> 00:44:15.252
regarding particular articles, I would
00:44:15.252 --> 00:44:18.931
strongly suggest filing for binding
00:44:18.931 --> 00:44:30.745
ruling. Or seek -- seek advice from, um,
00:44:30.745 --> 00:44:33.868
automotive and air space centers of
00:44:33.868 --> 00:44:36.159
excellence and expertise if your
00:44:36.159 --> 00:44:41.558
shipment is eminent.
00:44:41.558 --> 00:44:43.119
>> There was a question. If you could
00:44:43.119 --> 00:44:45.528
give an example of the last slide? I
00:44:45.528 --> 00:44:49.093
believe that might have been 32?
00:44:49.093 --> 00:44:57.057
>> LIANA ALVAREZ: Uh, okay. Um, are you
00:44:57.057 --> 00:45:06.433
asking for an example -- for ruling on
00:45:06.433 --> 00:45:10.715
radiators? Or temperature changing
00:45:10.715 --> 00:45:14.682
apparatus? I'm not sure what example
00:45:14.682 --> 00:45:19.091
are you looking for? Can you please
00:45:19.091 --> 00:45:21.807
explain?
00:45:21.807 --> 00:45:32.187
[Pause].
00:45:32.187 --> 00:45:34.592
I don't have any particular rulings or
00:45:34.592 --> 00:45:44.280
examples of rulings about certain engine
00:45:44.280 --> 00:45:52.096
coolants. So basically, if you do have
00:45:52.096 --> 00:45:54.936
an engine cooler, within the vehicle,
00:45:54.936 --> 00:45:59.341
and previously it was classified in
00:45:59.341 --> 00:46:04.469
heading 8419 as a temperature changing
00:46:04.469 --> 00:46:12.435
apparatus, after this note was
00:46:12.435 --> 00:46:15.401
implemented in 2017, we started
00:46:15.401 --> 00:46:19.844
classifying such engine cooling
00:46:19.844 --> 00:46:27.933
apparatus' in heading 8708. Does that
00:46:27.933 --> 00:46:29.621
answer your question? I don't have any
00:46:29.621 --> 00:46:33.185
examples. My only example would be
00:46:33.185 --> 00:46:34.186
engine coolant.
00:46:34.186 --> 00:46:39.154
>> I see one more question. Ruling
00:46:39.154 --> 00:46:44.158
K83251 is not listed as being revoked --
00:46:44.158 --> 00:46:47.968
this seems a similar product. But
00:46:47.968 --> 00:46:50.811
remains under 8708.
00:46:50.811 --> 00:46:52.526
>> LIANA ALVAREZ: I will have to
00:46:52.526 --> 00:46:55.936
research. Can you send me that question
00:46:55.936 --> 00:47:00.777
by e-mail. Yeah. Whoever asked that
00:47:00.777 --> 00:47:04.215
question, you could send by e-mail and I
00:47:04.215 --> 00:47:06.352
will review and we can reach out to
00:47:06.352 --> 00:47:08.743
headquarters and see what happened
00:47:08.743 --> 00:47:08.744
there.
00:47:08.744 --> 00:47:12.869
>> That seems to be all the questions for
00:47:12.869 --> 00:47:15.156
now. One more. Regarding the super
00:47:15.156 --> 00:47:23.092
charger, wouldn't Section 1602 override?
00:47:23.092 --> 00:47:29.863
And specific -- takes part of
00:47:29.863 --> 00:47:31.655
provision?
00:47:31.655 --> 00:47:33.909
>> LIANA ALVAREZ: Yes, that's right. I
00:47:33.909 --> 00:47:37.906
think in this case, in the case -- what
00:47:37.906 --> 00:47:50.841
was it, 1955? The super chargers at the
00:47:50.841 --> 00:47:54.126
time were parts. And the point of the
00:47:54.126 --> 00:47:57.971
court case wasn't really where we
00:47:57.971 --> 00:48:03.624
classify super chargers. It's how we
00:48:03.624 --> 00:48:10.312
determine whether an imported article is
00:48:10.312 --> 00:48:11.588
a part or not.
00:48:11.588 --> 00:48:14.155
That's the importance of this court case.
00:48:14.155 --> 00:48:16.030

00:48:16.030 --> 00:48:18.998
[Pause].
00:48:18.998 --> 00:48:22.280
Again, so many things could have taken
00:48:22.280 --> 00:48:28.810
place within the last 70 years that may
00:48:28.810 --> 00:48:33.369
overtake this provision. Have overtaken
00:48:33.369 --> 00:48:37.343
this provision -- sorry.
00:48:37.343 --> 00:48:41.783
>> That's it for the questions.
00:48:41.783 --> 00:48:46.152
>> LIANA ALVAREZ: Okay.
00:48:46.152 --> 00:48:49.281
[Pause].
00:48:49.281 --> 00:48:59.528
Thank you all.
00:48:59.528 --> 00:49:03.962
>> HOST: This concludes our webinar for
00:49:03.962 --> 00:49:08.340
the afternoon. This will be posted on
00:49:08.340 --> 00:49:09.906
the CBP website. Thank you for joining

00:49:14.749 --> 00:49:14.749
[End of webinar