HQ 083109: Application for further review of Protest No. 30016-000327 of September 26, 1986, filed by the law firm of Lamb & Lerch on behalf of Huffy Corporation, Miamisburg, Ohio.

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 083109


                                   February 28, 1989


            CLA-2 CO:R:C:G 083109 APS

            CATEGORY:  Classification

            TARIFF NO:  TSUS 912.10, 912.12, 642.20

            District Director of Customs
            U.S. Customs Service
            909 First Avenue, Room 2039
            Seattle, Washington 98174

            Re:  Application for further review of Protest No. 30016-000327
                 of September 26, 1986, filed by the law firm of Lamb &
                 Lerch on behalf of Huffy Corporation, Miamisburg, Ohio.

            Dear Sir:

                 Protest was timely filed against the liquidation of Entry
            Nos. 86-810053 and 86-810009 covering importation of cable and
            brake inner wires, cable guide sleeves, and flat and radius
            washers for caliper brakes.  All the items are used in caliper
            brake systems of bicycles after importation into the United
            States.

            FACTS

                 Samples of the merchandise were not submitted.  We
            understand they are the cables normally found used with the
            caliper braking systems of bicycles.

            ISSUE

                 Item 912.10, Tariff Schedules of the United States
            provides for Caliper brakes *** parts of all the foregoing,
            including cable or inner wire for caliper brakes and casing
            therefor *** (provided for in items 732.35, 732.38, 732.41 and
            732.42, part 5C, schedule 7).  It is argued that cable is not
            provided for in part 5C schedule 7 and thus is not entitled to
            free entry.  The issue then is whether the language "including
            cable or inner wire for caliper brakes and casing therefor" is
            included in the parenthetical reference to part 5C schedule 7.

















                                         - 2 -


            LAW AND ANALYSIS

                 The master rule of construction is to carry out
            legislative intent.  The language "including cable or inner
            wire for caliper brakes and casing therefor ***" was added
            to a temporary suspension bill for bicycle parts.  Act of
            January 12, 1983, Pub. L. 97-446 Sec. 146, 96 Stat. 2343.  The
            language is explained in the legislative history to this
            statute as a House Amendment to a Senate amendment which
            extended the existing suspension of column 1 (MFN) duties on
            certain bicycle parts to June 30, 1986, deleted "Click stick
            levers" from the temporary suspension and added cables and
            casings for caliper brakes to the suspension.  U.S. Code Cong.
            and Adm. News, 97th Congress-Second Session (1982) page 4139.

                 It is clear from the foregoing that Congress fully
            intended the merchandise under consideration to be entitled to
            duty-free treatment.  Furthermore, to take any other position
            would be to attribute to Congress the absurd act of adding
            language to the tariff without meaning.  If the parenthetical
            language were to apply to cables the language would be
            meaningless because cables are provided for in Schedule 6, Part
            3, TSUS.

            HOLDING

                 The cables are classified under item 912.10, TSUS.

                 Counsel also claims duty-free treatment for radius and
            flat washers used with the caliper brakes.  However, no showing
            is made that these washers are chiefly used with bicycles nor
            is any reason given as to why the provision for parts in item
            912.10 TSUS, should prevail over the specific provision for
            washers in item 646.76, TSUS.  General Headnote 10(ij) TSUS,
            noted.

                 You should allow the protest in part as to the cable and
            brake inner wire, brake cable sheath, and cable guide sleeve
            and deny it in part as to the radius and flat washers.  A copy
            of this decision should be forwarded to Lamb & Lerch.

                                        Sincerely,





                                        John Durant, Director
                                        Commercial Rulings Division












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