HQ 950524: Automobile Wiper Blade Assemblies; HQ 088536

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 950524
                        November 26, 1991


CLA-2 CO:R:C:M 950524 DWS

CATEGORY: Classification

TARIFF NO.: 8512.90.90; 4016.99.50

Mr. Donald H. Huber
Financial Services Operation
GE Client Business Services
P.O. Box 06500
Fort Meyers, FL 33906-6500

RE:  Automobile Wiper Blade Assemblies; HQ 088536

Dear Mr. Huber:

     This is in response to your letter of October 10, 1991,
concerning the classification of wiper blade assemblies under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).

FACTS:

     The subject merchandise consists of four different models of
automobile wiper blade assemblies (model numbers 062, 119, 120,
and 125).  The assemblies are shipped to motor vehicle assembly
plants and are installed on new automobiles.  The subject
assemblies are composed of an adaptor clip, a steel center bridge
(some with wind deflectors), four steel bows, a rubber blade, and
a steel backing strip contained within the top of the blade. 
Model numbers 119, 120, and 125 are front wiper blade assemblies
and model number 062 is a rear wiper blade assembly.

ISSUE:

     What is the proper classification of the subject automobile
wiper blade assemblies under the HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's) taken
in order.  GRI 1 provides that classification is determined
according to the terms of the headings and any relative chapter
or section notes.

     You claim that the merchandise is classifiable under
subheading 8512.90.90, HTSUSA, which provides for: "[w]indshield
wipers of a kind used for cycles or motor vehicles; parts
thereof: [p]arts: [o]ther."  

     Section XVI, Note 1(a), HTSUSA, provides that:

     [t]his section does not cover:

     [t]ransmission, conveyor or elevator belts or belting, of 
     plastics of chapter 39, or of vulcanized rubber; or other
     articles of a kind used in machinery or mechanical or
     electrical appliances or for other technical uses, of       
     vulcanized rubber other than hard rubber (heading 4016).

     Section XVII, Note 2(a), HTSUSA, provides that:

     [t]he expressions "parts" and "parts and accessories" do 
     not apply to the following articles, whether or not they
     are identifiable as for the goods of this section:

     (a) Joints, washers or the like of any material or other
     articles of vulcanized rubber other than hard rubber
     (heading 4016).

     Similar automobile wiper blade assemblies were ruled upon in
HQ 088536, dated September 4, 1991.  In that case, assemblies
such as the subject merchandise were distinguished from rubber
"refill" wiper strips, also the subject of HQ 088536,
classifiable under heading 4016.99.50, HTSUSA, which provides
for: "[o]ther articles of vulcanized rubber other than hard
rubber: [o]ther: [o]ther: [o]ther: [o]ther."  It was stated that:

     [i]n this case, the items described as "wiper blades" differ
     significantly from the "refills" classified in heading 4016,
     HTSUSA.  Even at first glance it is obvious that the full   
     blade assembly contains a much larger amount of plastic and
     several interrelated components, only one of which is the   
     rubber "refill" strip.  The classification of the refill was
     premised on the functional role of the rubber in cleaning   
     the windshield.  In the case of the blade assembly, that    
     constituent role is reduced.  The plastic framework serves
     to hold the rubber squeegee against the windshield.  The 
     various components work as a sort of spring, providing a 
     constant wiping tension.  In addition, the rigid frame acts
     to transfer the action of the motor and move the entire
     assembly back and forth across the windshield.  We find     
     that, in the case of the "wiper blade", the character is not 
     that of the vulcanized rubber.  Therefore, we conclude that
     the "blade" is not excluded from Section XVI or XVII,       
     HTSUSA.

     Based upon the reasoning in HQ 088536, it is our position
that the subject automobile wiper blade assemblies are
classifiable under subheading 8512.90.90, HTSUSA.

HOLDING:

     The subject automobile wiper blade assemblies are
classifiable under subheading 8512.90.90, HTSUSA, which provides
for: "[w]indshield wipers of a kind used for cycles or motor
vehicles; parts thereof: [p]arts: [o]ther."  The general, column
one rate of duty is 3.1 percent ad valorem.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division