HQ 081376: Classification of blanked parts used with automotive radiator cooling fans

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 081376

                                  September 26, 1988





            CLA-2 CO:R:C:G    081376 JAS

            CATEGORY:  Classification

            TARIFF NO.: 661.0640; 8419.90.1000

            Mr. Kent Johnston
            Nissho Iwai American Corporation
            Five Post Oak Park, Suite 2670
            Houston, Texas 77027

            RE: Classification of blanked parts used with automotive
                radiator cooling fans

            Dear Mr. Johnston:

                In your letter of December 14, 1987, you inquire as to the
            tariff classification of blanked parts from Japan, Taiwan, or
            Mexico, used with automotive radiator fans.  Specifications of
            the steel used and a photograph of the completed article were
            submitted.  Our decision follows.

            FACTS:

                The articles in question are blanked out in a stamping
            press from hot rolled, pickled and oiled steel sheet in coils,
            conforming to SAE designation J-410, grade 950 A, B, or C.  The
            resulting stampings are generally turtle-shaped.  They are flat
            with a round middle and have five (5) protruding flanges.  In a
            separate operation, three (3) screw holes are punched in each
            flange and a hole punched in the center.  Some of the stampings
            are stress relieved prior to importation and some are not.

                After importation, the center of each stamping is raised
            for mounting and the flanges similarly embossed to form legs.
            The resulting articles are called "spiders," which you indicate
            will be mounted on automobile and truck engines for use as
            parts of radiator cooling fans.  Cutaway drawings and other
            literature which you submitted show the shaft of the fan clutch
            (the hydraulic device used to vary the speed of the fan in
            relation to engine temperature) being inserted through the
            center hole of the spider, and the resulting assembly mounted
            to the shaft of the water pump on an automotive engine.  Fan
            blades of domestic origin will be attached to the legs of the
            spider to complete the assembly.











                                     - 2 -



            ISSUE:

                Are these stampings basic shapes and forms of iron or
            steel?  Are they classifiable according to their component
            material in chief value, or have they been advanced to the
            point of being unfinished automotive parts?

            LAW AND ANALYSIS:

                The punching of holes in the stampings is not a permissible
            further advancement under Schedule 6, Part 2, Headnote 1, TSUS,
            and is a process which sufficiently advances them beyond the
            status of basic shapes or forms of iron or steel.

                For Customs purposes, a tariff description covers an arti-
            cle whether imported assembled or not assembled, and whether
            finished or unfinished.  Moreover, a provision for "parts" of
            an article covers a product solely or chiefly used as a part of
            such article, but does not prevail over a specific provision
            for such part.

                An article will be considered unfinished for tariff pur-
            poses if, at the time of importation, it has been so far pro-
            cessed toward its ultimate completed form as to be dedicated to
            and commercially fit only for use as that article, and only
            insubstantial further processing is required after importation
            before it can be used as intended.  See John V. Carr & Son,
            Inc. v. United States, 72 Cust. Ct.19, C.D. 4500 (1974), and
            related cases.  In our opinion, the flanged configuration and
            hole punching of the stampings, at the time of importation,
            sufficiently establish the identity of the spiders and their
            basic form, though unfinished, and preclude the stampings from
            being made into other articles.  We view the raising of the
            center portion and legs after importation as insubstantial
            further processing.

                In addition, our review of the submitted literature indi-
            cates that, when finished by the processing in the United
            States, the spiders form an integral, constituent part of an
            automotive radiator cooling fan assembly, and are chiefly used
            as such.

            HOLDING:

                The imported stampings are unfinished articles for tariff
            purposes, and qualify as parts chiefly used with automotive
            radiator cooling fans.  This merchandise is classifiable under
            the provision for fans and blowers, and parts thereof, other,
            in item 661.0640, Tariff Schedules of the United States Anno-
            tated (TSUSA), dutiable at the rate of 4.7 percent ad valorem.











                                      - 3 -


                The Harmonized Tariff Schedule of the United States Annota-
            ted (HTSUSA), is scheduled to replace the TSUS as the tariff
            code of the United States on January 1, 1989.  The HTSUSA
            subheading applicable to the merchandise in question is
            8414.90.1000, Parts of fans (including blowers) and ventilating
            or recycling hoods.

                This represents the current position of the Customs Service
            on the classification of this merchandise.  However, if there
            are changes in these provisions prior to the date the HTSUSA
            becomes effective, this advice may not continue to apply.

                Merchandise from Japan, Taiwan and Mexico, classifiable in
            item 661.0640, TSUS, is not believed covered by steel arrange-
            ments the United States has with those countries.  However, you
            may confirm this definitively by writing to the Office of
            Agreements Compliance, International Trade Administration,
            Department of Commerce, Washington, D.C. 20230.


                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division