HQ 083970: Windshield Wiper Blade

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 083970


                                        July 14, 1989


          CLA-2:CO:R:C:G  083970 JAS

          CATEGORY:   Classification

          TARIFF NO.: 4016.99.5050

          Ms. Judy M. McCain
          Commonwealth of Virginia
          Department of World Trade
          6000 World Trade Center
          Norfolk, Virginia  23510

          RE:  Windshield Wiper Blade

          Dear Ms. McCain:

               In your letter of March 15, 1989, on behalf of Innovative
          Industries, Inc., you inquire as to the tariff classification
          of a double edged windshield wiper blade from Taiwan.  Our
          ruling follows.

          FACTS:

               A submitted sample and United States patent description
          depict an article approximately 18 inches long and consisting
          of a double edge rubber wiper blade portion attached at the top
          to a plastic spine or frame with steel retainer clip on one
          end.  After importation, the article will function as the blade
          portion of an automotive windshield wiper.

          ISSUE:

               Is the wiper blade classifiable under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA) as part
          of a windshield wiper or under some other provision?

          LAW AND ANALYSIS:

               In accordance with General Rule of Interpretation (GRI) 1,
          HTSUSA, for legal purposes, classification shall be determined
          according to the terms of the headings and any relative section













                                    - 2 -

          or chapter notes.  Heading 8512, HTSUSA, covers electrical
          lighting or signaling equipment (excluding articles of heading
          8539), windshield wipers, defrosters and demisters, of a kind
          used for cycles or motor vehicles; parts thereof.

               Section XVI, Note 2(b), HTSUSA, which governs
          classification of merchandise in Chapter 85, states that parts
          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 with the machines of that kind.
          However, Note 2(b) is subject to Note 1(a) to Section XVI.
          Note 1(a) excludes from Section XVI 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).  Automotive windshield wiping mechanisms are
          mechanical or electrical appliances for the purposes of Note
          1(a), and the wiper blades articles of a kind used in such
          appliances.  The wiper blades of rubber are therefore excluded
          from classification in heading 8512.

               GRI 2(b) states that any reference in a heading to a
          material or substance shall be taken to include a reference to
          mixtures or combinations of that material or substance with
          other materials or substances, and that the classification of
          goods consisting of more than one material or substance shall
          be according to the principles of rule 3.  The wiper blade
          consists of the rubber wiping portion, a plastic spine, and
          steel retaining clip.  Articles of rubber are classifiable in
          heading 4016, articles of plastics are classifiable in heading
          3926, and articles of iron or steel are classifiable in heading
          7326.

               GRI 3(a) states that when two or more headings each refer
          to part only of the materials or substances contained in mixed
          or composite goods, those headings are to be regarded as being
          equally specific in relation to those goods.  GRI 3(b) states
          that composite goods made up of different components which
          cannot be classified by reference to 3(a), shall be classified
          as if they consisted of the material or component which gives
          them their essential character.  The wiper blade is designed to
          clean automotive windshields.  In our opinion, it is the rubber
          portion of the article that performs the wiping function.  The
          rubber portion therefore imparts the essential character to the
          wiper blade.  The wiper blade is classifiable in heading 4016,
          and, therefore, is excluded by Note 1(a) to Section XVI from
          classification as a part of a windshield wiper in heading 8512.
















                                    - 3 -

          HOLDING:

               The wiper blades in question are classifiable as other
          articles of vulcanized rubber other than hard rubber, in
          subheading 4016.99.5050.  The rate of duty is 5.3 percent ad
          valorem.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division