HQ 555444: Applicability of subheading 9802.00.80, HTSUS, to a starter work solenoid assembled in Mexico

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 555444

                         March 15, 1994


CLA-2 CO:R:C 555444 RA

CATEGORY:   Classification

TARIFF NO.:   9802.00.80, HTSUS

Mr. John W. Cain
Cain Customs Brokers, Inc.
P.O. Box 150
Hildalgo, Texas  78557

RE:  Applicability of subheading 9802.00.80, HTSUS, to a 
     starter work solenoid assembled in Mexico

Dear Mr. Cain:

     This is in response to your letter of June 30,  1989, on
behalf of the Wells Mfg. Co., requesting a ruling on the
applicability of subheading 9802.00.80, Harmonized Tariff 
Schedule of the U.S.  (HTSUS), to a solenoid for an automobile
starter motor assembled from U.S.-made components in Mexico.

FACTS:

     You state that in the first assembly step wire is removed 
from two spools, cut to length, wound onto a bobbin, and 
covered with an adhesive to form coil assembly # XXXXXXXX. 
The wires are then trimmed and terminals are crimped to the 
ends.   Next, the coil assembly, plunger sleeve, washers, field
collar, and plunger stop are placed inside a housing.   A press
makes an indentation on the outside of the housing to hold the
parts inside.   A lead wire is welde~ to the housing to form an
electrical ground and this completes part # XXXXXXXXX.

     Next, a panhead screw is welded to a terminal and a wire 
is crimped to the terminal stud.  A contact washer,  insulator,
plunger, two springs, and a washer are clipped together with a
retaining spring to make a contact assembly, part # 511400079. 
A cover assembly, part # XXXXXXXXX,  is formed by bolting two 
nuts, a contact stud, a cover, a screw, and a terminal through 
the cover.   Defective parts, if anytare detected, are removed 
and replaced with new parts.
                              - 2 -

ISSUE:

     Can an allowance in duty be made under subheading 
9802.00.80, HTSUS, for parts of U.S. origin which are assembled
abroad into solenoids in the above-described manner?

LAW AND ANALYSIS:

     Subheading 9802.00.80, HTSUS, provides for articles 
assembled abroad in whole or in part of fabricated components of
U.S. origin with no operations performed thereon except the 
joining of the components and operations incidental thereto.
The components must be exported in condition ready for assembly,
and cannot lose their physical identity in such articles by 
change in form, shape or otherwise.   Duty is assessed on the
appraised value of the imported merchandise less the cost or 
value of the U.S.-made components at the time they were exported.

     Section 10.16(a), Customs Regulations (19 CFR 10.16(a)),
states that the assembly operations may consist of any method 
used to join or fit together solid components, such as welding,
soldering, riveting, force fitting, gluing, or the use of
fasteners.   These operations may be preceded, accompanied, or
followed by operations incidental to the assembly.   Section
10.16(b), Customs Regulations (19 CFR 10.16(b)), sets forth
examples of operations considered incidental to assembly, which
include cutting to length of wire and adjustments in the shape of
a component to the extent required by the assembly being 
performed.

     The foreign operations described in your letter, consisting
of cutting wires to length, crimping on terminals to the ends,
denting the housing, placing various parts inside a housing, spot
welding wires, clipping parts together with a retaining ring,
bolting parts together, and attaching parts by means of nuts and
screws, are all considered to be acceptable assembly operations
under subheading 9802.00.80, HTSUS, or incidental thereto.
                              - 3 -


HOLDING:

     The joining of U.S.-made components by the above-mentioned
operations constitutes a qualified assembly and an allowance in
duty for these components may be allowed under subheading
9802.00.80, HTSUS, upon compliance with the Customs 
Regulations.

                              Sincerely,

          
                              John Durant, Director
                              Commercial Rulings Division