HQ 089269: Protest number 5301-0-000645; parts of forklift trucks;hoses; joint universal; pump gear; springs; brackets; Subheading8431.20.00; Additional U.S. Rule of Interpretation 1(c); SectionXVI, note 2(a); parts of general use; Section XVI, note 1(g);Section XV, note 2(b); Section XV, note 2(c).

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 089269

                         August 21, 1991

CLA-2 CO:R:C:M 089269 AJS

CATEGORY: Classification

TARIFF NO.: 4009.50.00; 8483.90.80; 8413.60.00; 7320.90.50;      
            8302.50.00

District Director
U.S. Customs Service
Port of Houston
701 San Jacinto
P.O. Box 52790
Houston, TX 77052

RE: Protest number 5301-0-000645; parts of forklift trucks;
hoses; joint universal; pump gear; springs; brackets; Subheading
8431.20.00; Additional U.S. Rule of Interpretation 1(c); Section
XVI, note 2(a); parts of general use; Section XVI, note 1(g);
Section XV, note 2(b); Section XV, note 2(c).

Dear District Director:

     Protest for further review 5301-0-000645 dated 12/05/90, was
filed against the classification of various parts of forklift
trucks under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).

FACTS:

     The articles under protest are assorted parts of forklift
trucks.  They include various hoses, a joint universal, a pump
gear, springs and brackets.

ISSUE:

     Whether the subject articles are properly classifiable
within heading 8431, HTSUSA, which provides for parts suitable
for use solely or principally with the machinery of headings 8425
to 8430; or classifiable within their respective headings.





                               -2-

LAW AND ANALYSIS:

     Heading 4009, HTSUSA, provides for hoses of vulcanized
rubber other than hard rubber, with or without their fittings
(for example, joints, elbows, flanges).  The subject hoses
satisfy this description.  More specifically, they are provided
for within subheading 4009.50.00, HTSUSA, as hoses with fittings.
The protestant claims that the subject hoses are specially
designed for use on forklift trucks and classifiable as a part of
a forklift truck within subheading 8431.20.00, HTSUSA.  However,
a provision for parts of an article shall not prevail over a
specific provision for such part.  Additional U.S. Rule of
Interpretation 1(c).  Heading 4009, HTSUSA, is a specific
provision for hoses.  Accordingly, the subject hoses are pre-
cluded from classification within subheading 8431.20.00, HTSUSA,
by the operation of the above legal note. 

     Heading 8483, HTSUSA, provides for universal joints.  The
subject joint universal is the cross fitting of a universal
joint.  Subheading 8483.90.80, HTSUSA, provides for parts of
universal joints.  The subject joint satisfies this description
and is properly classifiable within this subheading.  The
protestant claims that the subject joint is specially designed
for use in forklift trucks and classifiable as a part within
subheading 8431.20.00, HTSUSA.  However, parts of machines which
are goods included in any of the headings of chapters 84 and 85
are in all cases to be classified in their respective headings. 
Section XVI, note 2(a).  Heading 8483, HTSUSA, is a respective
heading for the subject joint.  Therefore, the joint universal is
precluded from classification within subheading 8431.20.00,
HTSUSA, by the operation of the above legal note. 

     Heading 8413, HTSUSA, provides for pumps for liquids.  The
subject pump gear satisfies this description.  More specifically,
the pump gear is provided for within subheading 8413.60.00,
HTSUSA, as a rotary positive displacement pump.  The  claimed
distinction by the protestant that the pump gear possesses a flow
divider does not change this fact.  The pump gear is still a
rotary positive displacement pump.  As stated previously, parts
of machines which are included in any of the headings of chapter
84 are in all cases to be classified in their respective
headings.  Section XVI, note 2(a).  Heading 8413, HTSUSA, is a
respective heading for the subject pump gear.  Accordingly, the
pump gear is precluded from classification within subheading
8431.20.00, HTSUSA, by the operation of the above legal note. 

     Heading 7320, HTSUSA, provides for springs of iron or steel.
The subject springs satisfy this description.  More specifically,
the springs are provided for within subheading 7320.90.50, 


                               -3-

HTSUSA, as other springs of iron or steel.  The protestant claims
that the subject springs are classifiable as parts of forklift
trucks within subheading 8431.20.00, HTSUSA.  However, parts of
general use, as defined in note 2 to section XV, of base metal,
are excluded from chapter 84.  Section XVI, note 1(g).  Springs
are a part of general use.  Section XV, note 2(b).  Accordingly,
the subject springs are precluded from classification within
subheading 8431.20.00, HTSUSA, by the operation of the above
legal notes.

     Heading 8302, HTSUSA, provides for brackets.  The subject
brackets satisfy this description.  More specifically, the
brackets are provided for within subheading 8302.50.00, HTSUSA,
as brackets.  The protestant claims that the subject brackets are
classifiable as parts of forklift trucks within subheading
8431.20.00, HTSUSA.  As stated previously, parts of general use
of base metal are excluded from chapter 84.  Section XVI, note
1(g).  Brackets are a part of general use.  Section XV, note
2(c).  Accordingly, the subject brackets are precluded from
classification within subheading 8431.20.00, HTSUSA, by the
operation of the above legal notes.
     
HOLDING:

     The subject articles are properly classifiable as indicated
above.  You should deny the protest.  A copy of this letter
should be attached to the Customs Form 19, Notice of Action, and
forwarded to the protestant.


                                      Sincerely,


                                      John Durant, Director
                                      Commercial Rulings Division