HQ 083984: Plastic control knobs

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 083984

                        October 26, 1989


CLA-2 CO:R:C:G  083984  JMH

CATEGORY:  Classification

TARIFF NO.:  3926.90.25; 8415.90.00


Andrew Miller
Vice President
A. L. Liebman & Son, Inc.
34-36 65th Street
P.O. Box 788
Woodside, New York  11377

RE:  Plastic control knobs


Dear Mr. Miller:

     Your letter of November 10, 1988, requesting a
classification ruling under the Harmonized Tariff Schedule of the
United States (HTSUSA) for plastic control knobs has been
referred to this office for a reply.

FACTS:

     The merchandise in question are plastic control knobs
imported from Hong Kong.  The knobs are used with air
conditioning and dehumidifier units.

ISSUE:

     Should the plastic control knobs be classified within
subheading 3926.90.25, HTSUSA, according to their content or
within subheading 8415.90.00, HTSUSA, according to their use?

LAW AND ANALYSIS:

     The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's).  GRI 1
states in part that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes..."  If two or more headings
                               -2-



are applicable, the most specific heading is to be used.  GRI
3(a), HTSUSA.  The competing headings in this instance are
headings 3926 and 8415, HTSUSA.  The headings describe:

     3926      Other articles of plastics and articles of
               other materials of headings 3910 to 3914...

     3926.90.25     Other...Handles and knobs, not elsewhere
                    specified or included, of plastics...

*    *    *    *    *    *    *    *    *    *    *    *    *

     8415      Air conditioning machines, comprising a
               motor-driven fan and elements for changing
               the temperature and humidity, including those
               machines in which the humidity cannot be
               separately regulated; parts thereof...

     8415.90.00     Parts...Other...

     It is the opinion of this office that heading 8415, HTSUSA,
which describes the use of the articles, is the most specific
heading for the goods in question.

     Furthermore, heading 8415, HTSUSA, is within Section XVI,
HTSUSA, which "Machinery and Mechanical Appliances...Parts and
Accessories of Such Articles."  Since the items to be classified
are parts of domestic-type machines or mechanical appliances, the
headings and notes within Section XVI apply to these goods.
Section XVI, Note 2, HTSUSA, states that "parts of
machines...are to be classified according to the following rules:

     (a) Parts which are goods included in any of the
         headings of chapter 84 and 85...are in all cases
         to be classified in their respective headings;

     (b) Other parts, if suitable for use solely or
         principally with a particular kind of machine, or with
         a number of machines of the same heading...are to be
         classified with the machines of that kind...

     (c) All other parts are to be classified in heading
         8485 or 8548."

     The instant parts are to be used solely or principally with
air conditioners or dehumidifiers.  Thus, the parts should be
classified within the heading for those machines.




                               -3-



HOLDING:

     The plastic control knobs for air conditioners and
dehumidifiers are classified within subheading 8415.90.00,
HTSUSA, according to their use.  The rate of duty is 2.2 percent
ad valorem.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings, Division