HQ 951378: Revocation of HQ 950282; Rubber, Plastic, and Glass Tubing; Parts of General Use; Section XV, Note 2

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 951378
                          July 23, 1992


CLA-2 CO:R:C:M 951378 DWS

CATEGORY: Classification

TARIFF NO.: Not Applicable

Ms. Mary Ann Markoski
Radiometer America Inc.
811 Sharon Drive
Westlake, Ohio 44145

RE: Revocation of HQ 950282; Rubber, Plastic, and Glass Tubing;
    Parts of General Use; Section XV, Note 2

Dear Ms. Markoski:

     You have received HQ 950282, dated December 6, 1991, dealing
with the classification of plastic, rubber, and glass tubing.  In
that letter, it was indicated that glass tubes are parts of
general use.  On page 3 of HQ 950282, it is stated that:

     [w]e are of the opinion, and do find, that the tubes that   
     have fittings attached or are finished products, such as the 
     glass tube that is bent in two places and nippled at one    
     end, are "parts of general use", the chief components of    
     which are plastic, rubber or glass . . . .

     Upon review, it appears that the lack of sufficient
information resulted in an incorrect interpretation of the
Harmonized Tariff Schedule of the United States (HTSUS) on our
part.  Section XV, note 2, HTSUS, provides that:

     [t]hroughout the tariff schedule, the expression "parts of
     general use" means:

     (a) Articles of heading 7307 (TUBE OR PIPE FITTINGS), 
         7312 (WIRE, ROPES, CABLES, ETC.), 7315 (CHAIN), 
         7317 (NAILS, TACKS, DRAWING PINS, ETC.) or 7318 (SCREWS,
         BOLTS, NUTS, ETC.) and similar articles of other base   
         metals; 

     (b) Springs and leaves for springs, of base metal, other    
         than clock or watch springs (HEADING 9114); and 

     (c) Articles of heading 8301 (PADLOCKS AND LOCKS), 8302     
         (BASE METAL MOUNTINGS, FITTINGS, DOORS, ETC.), 8308     
         (CLASPS, BUCKLES, HOOKS, ETC.) or 8310 (SIGN PLATES,
         NAME PLATES, ETC.) and frames and mirrors, of base      
         metal, of heading 8306. 
     
         (Emphasis Supplied).

     Inasmuch as the glass tubes are not encompassed by any of
the descriptions in section XV, note 2, HTSUS, they are not
"parts of general use".  Accordingly, HQ 950282 is revoked in its
entirety.

     The classification of any of these articles on an individual
basis does not seem to present any unusual difficuties.  However,
if you are unsure of the classification of a particular article,
you should use the District Rulings procedure, a copy of which is
attached, as usual.
     
                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division

Attachment