us-cbp-cross-rulings-hq-555689•HQ 555689: Applicability of partial duty exemption under subheading 9802.00.80, HTSUS, to two types of pintlepins formed by swaging, cutting to length, cleaning, rounding, and braiding. Assembly; incidental operation; 555594; 553593; 555128.
HQ 555689: Applicability of partial duty exemption under subheading 9802.00.80, HTSUS, to two types of pintlepins formed by swaging, cutting to length, cleaning, rounding, and braiding. Assembly; incidental operation; 555594; 553593; 555128.
us-cbp-cross-rulings-hq-555689HQ 555689: Applicability of partial duty exemption under subheading 9802.00.80, HTSUS, to two types of pintlepins formed by swaging, cutting to length, cleaning, rounding, and braiding. Assembly; incidental operation; 555594; 553593; 555128.Guidance
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 555689
December 20, 1990
CLA-2 CO:R:C:V 555689 LS
CATEGORY: Classification
TARIFF NO.: 9802.00.80
Mr. R. B. McKenny
John V. Carr & Son, Inc.
P.O. Box 307
Derby Line, Vermont 05830
RE: Applicability of partial duty exemption under subheading
9802.00.80, HTSUS, to two types of pintlepins formed by
swaging, cutting to length, cleaning, rounding, and
braiding. Assembly; incidental operation; 555594;
553593; 555128.
Dear Mr. McKenny:
This is in response to your letter dated July 2, 1990, on
behalf of Lippert Pintlepin Mfg. Inc., requesting a ruling on the
applicability of subheading 9802.00.80, Harmonized Tariff
Schedule of the United States (HTSUS), to two types of
pintlepins. Samples were submitted for examination.
FACTS:
The following facts are based upon two letters dated
June 29, 1990 and a supplemental letter dated November 13, 1990,
from Lippert Pintlepin, and several telephone conversations
between a representative of Lippert Pintlepin and a member of my
staff.
Lippert Pintlepin is planning to ship to the U.S. two types
of pintlepins which it produces in Canada. The pintlepins are
primarily sold for use on conveyor belts and belts on pulp and
paper making machinery. The pintlepin fits between two sets of
rings on these belts.
Both types of pintlepins have three common components--a
monofilament, which can be made of nylon, polyester or peek; a
brass or stainless steel tubing; and a wire, which may be made of
stainless steel or oil tempered steel--all of which are
manufactured in the U.S. and exported to Canada. The two types
of pintlepins differ in that one contains a plain clear
monofilament, whereas the other contains a clear monofilament
encased with a braided nomex fiber which serves to strengthen the
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monofilament. When the pintlepins are put into use on a belt,
the wire and tubing serve only to thread the monofilament into
the belt. Once the monofilament is inside the belt, the wire and
tubing are severed and discarded.
In manufacturing the latter type pintlepin, the nomex
thread is imported from the U.S. on bobbins. A braiding machine
then takes 8 to 16 strands of nomex threads from bobbins and
braids them over the monofilament. The machine simultaneously
braids the threads, dyes them a purplish color, and applies glue.
The glue serves to hold the nomex fibers to the monofilament.
When the monofilament is removed from the braiding machine, it is
completely encased by the braided nomex fibers. Both the glue
and dye are also of U.S. origin.
The following operations apply to both types of pintlepins.
The wire is imported into Canada either precut or in coils. In
the case of the coiled wire, it is cut to the desired length.
The oil tempered wire is wiped clean to remove any excess oil.
The cut end of the wire is rounded or filed to prevent it from
catching onto and tearing the material of the belt onto which the
completed pintlepin is threaded. The monofilament is also
imported precut or on spools. The spooled monofilament is cut to
the desired length in Canada.
The next series of steps consist of joining the clear
monofilament or the nomex covered monofilament with the wire by
means of the tubing. This is accomplished by a machine which
swages the wire to the tubing, and then the monofilament to the
tubing. This swaging or swedging operation involves squeezing
the tubing down onto the wire and monofilament, thus securely
joining the tubing to the wire and the monofilament to the
tubing. A representative of Lippert Pintlepin states that this
operation does not permanently affect the shape of the
monofilament, wire, or tubing.
After the completed pintlepins are rolled, tags are
attached to indicate their length and size. Plastic zip-lock
bags are used to package the pintlepins, with one or two per bag.
Explanatory installation sheets are inserted in some of the bags
prior to shipping.
ISSUES:
(1) Whether the pintlepin, consisting of a clear
monofilament, tubing, and wire, will qualify for the partial duty
exemption under subheading 9802.00.80, HTSUS, when imported into
the U.S.
(2) Whether the pintlepin, consisting of a tubing, wire,
and clear monofilament encased with braided nomex fibers, will
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qualify for the partial duty exemption under subheading
9802.00.80, HTSUS, when imported into the U.S.
LAW AND ANALYSIS:
Subheading 9802.00.80, HTSUS, provides a partial duty
exemption for:
[a]rticles assembled abroad in whole or in part of
fabricated components, the product of the United States,
which (a) were exported in condition ready for assembly
without further fabrication, (b) have not lost their
physical identity in such articles by change in form, shape
or otherwise, and (c) have not been advanced in value or
improved in condition abroad except by being assembled and
except by operations incidental to the assembly process
such as cleaning, lubricating and painting.
All three requirements of subheading 9802.00.80, HTSUS, must be
satisfied before a component may receive a duty allowance. An
article entered under subheading 9802.00.80, HTSUS, is subject to
duty upon the full value of the imported assembled article less
the cost or value of the U.S. components, upon compliance with
the documentary requirements of section 10.24, Customs
Regulations (19 CFR 10.24).
I. Pintlepin consisting of clear, unencased monofilament,
tubing, and wire
The assembly operations performed abroad may consist of any
method used to join or fit together solid components, such as
welding, soldering, riveting, force fitting, gluing, laminating,
sewing, or the use of fasteners. See section 10.16(a), Customs
Regulations (19 CFR 10.16(a)). Assembly operations may be
preceded, accompanied, or followed by operations incidental to
assembly, such as those delineated in 19 CFR 10.16(b).
We find that the swaging operation whereby the wire is
joined to the tubing and the monofilament to the tubing
constitutes an acceptable assembly operation since it is a type
of force fitting. Cleaning the oil tempered wire, cutting the
monofilament and wire to length, and rounding the cut end of the
wire are all considered operations incidental to the assembly
process pursuant to 19 CFR 10.16(b)(1),(4), and (6).
We find that the U.S. fabricated components, consisting of
the clear monofilament, tubing, and wire, are in a condition
ready for assembly without further fabrication, do not lose their
physical identities in the assembly operation, and are not
otherwise advanced in value or improved in condition except by an
assembly operation and operations incidental thereto. Therefore,
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an allowance in duty may be made under subheading 9802.00.80,
HTSUS, for the cost or value of these three components when the
pintlepin is imported into the U.S. However, no allowance may be
made for the glue because, as a liquid, it is not a fabricated
component of a type designed to be fitted together with other
components. The legislative history of subheading 9802.00.80,
HTSUS, makes it clear that the exemption applies to U.S.-made
fabricated components which are of types designed to be fitted
together with other components, and does not apply to chemical
products, food ingredients, liquids, gases, powders, etc. H.R.
Rep. No. 342, 89th Cong., 1st Sess. 49 (1965).
II. Pintlepin consisting of a tubing, wire, and clear
monofilament encased with braided nomex fibers
Our first inquiry with respect to this pintlepin is whether
the braiding of the nomex threads over the monofilament
constitutes an acceptable assembly operation or operation
incidental to assembly.
Operations incidental to the assembly process are not
considered further fabrication operations, as they are of a minor
nature and cannot always be provided for in advance of the
assembly operation. See 19 CFR 10.16(a). However, any
significant process, operation, or treatment whose primary
purpose is the fabrication, completion, or physical or chemical
improvement of a component precludes the application of the
exemption under subheading 9802.00.80, HTSUS. See 19 CFR
10.16(c).
In Headquarters Ruling Letters (HRL) 555594 dated
May 16, 1990, 555128 dated January 9, 1989, and 553593 dated May
16, 1985, we held that passing yarn through braiding machines to
produce braided rope or cordage is analogous to weaving fabrics
from spun yarn and, therefore, is considered a manufacturing
process that does not qualify as an assembly operation within the
meaning of subheading 9802.00.80, HTSUS.
Applying these rulings to the instant case, we find that
the braiding of the nomex fiber threads is considered a
manufacturing or fabrication process which results in the
creation of a fabric covering over the monofilament. Since the
braiding of the nomex threads is not an acceptable assembly of
the threads within the meaning of subheading 9802.00.80, HTSUS,
the bobbins of thread are not eligible for the partial duty
exemption when the pintlepin is imported into the U.S. However,
we believe that the simultaneous encasement of the monofilament
by the braided nomex fibers constitutes an acceptable assembly
operation, pursuant to 19 CFR 10.16(a), since it appears that it
is primarily the gluing process which serves to secure the fibers
to the monofilament. Since the monofilament is not being
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advanced in value or improved in condition except by being
assembled with the nomex fibers, an allowance may be made for its
cost or value when the pintlepin is imported into the U.S.
We further find that an allowance may be made for the cost
or value of the wire and tubing because, as explained in
section I above, these two components are joined by an assembly
operation. No allowance may be made for the dye and the glue
because, as a powder and a liquid, they are not fabricated
components of a type designed to be fitted together with other
components.
With respect to the packing prior to shipping,
19 CFR 10.16(f) provides, in part, that an assembled article
which otherwise qualifies for the exemption under subheading
9802.00.80, HTSUS, will not be disqualified by reason of having
been packaged abroad.
HOLDING:
The pintlepin with the plain clear monofilament is eligible
for the partial duty exemption under subheading 9802.00.80,
HTSUS, when imported into the U.S., upon compliance with the
documentary requirements of 19 CFR 10.24. Allowances may be made
for the cost or value of the monofilament, wire, and tubing, all
of U.S. origin, because the swaging operation by which they are
joined is an acceptable assembly operation. The glue is not
eligible for an allowance because it is not a fabricated
component of a type designed to be fitted together with other
components.
With respect to the pintlepin containing the monofilament
encased with braided nomex fibers, the nomex threads are not
eligible for the partial duty allowance under subheading
9802.00.80, HTSUS, because the braiding operation does not
constitute an acceptable assembly operation or operation
incidental thereto. No allowance is permitted for the cost or
value of the dye or glue because they are not fabricated
components of a type designed to be fitted together with other
components. However, an allowance may be made for the cost or
value of the wire, tubing, and monofilament, which are all
subject to acceptable assembly operations.
Sincerely,
Jonn Durant, Director
Commercial Rulings Division
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