Nov. 20 CBP Bulletin Proposes to Modify, Revoke Ruling Letters on Automotive Air Springs
In the Nov. 20 Customs Bulletin (Vol. 58, No. 46), CBP published proposals to revoke ruling letters concerning metal and rubber automotive air springs and suspension bushings.
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Comments on Proposal Due Dec. 20
CBP said consideration will be given to any written comments received by Dec. 20 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposal
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Metal and Rubber Automotive Air Springs and Suspension Bushings
| Items: NY N303345: a sleeve type air spring composed of 30% aluminum, 35% vulcanized synthetic rubber and 35% composite plastic; NY N303352: a vibration control air spring composed of 65% metal, 30% vulcanized synthetic rubber and 5% composite plastic; NY N303355: a suspension and vibration control air spring composed of 25% composite plastic, 30% vulcanized synthetic rubber, 35% metal and 10% aluminum; NY N273173: three models of suspension bushing intended for use in the suspension systems of passenger vehicles; NY N165423: a hydraulic bushing, an elastomeric bushing and the individual components that make up each complete bushing; NY N302641: three types of bushings intended to absorb vibrations in specified locations within an automobile; NY N300207: bushings or stoppers; NY 811465: bushing used on a trailer suspension |
| Current: For N303345, N303352, and N303355: 4016.99.55, “Other articles of vulcanized rubber other than hard rubber: Other: Other: Other: Other." For N273173, N302641 and N300207: 4016.99.30, "Other articles of vulcanized rubber other than hard rubber: Other: Other: Other: Of natural rubber.” For NY 811465: 4106.99.35, "Other articles of vulcanized rubber other than hard rubber: Other: Other: Other: Of natural rubber.” For N165423: 4016.99.30, or 4016.99.55 and metal and rubber hydraulic bushings in subheading 8487.90.00, "Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, and not specified or included elsewhere in this chapter: Other.” |
| Proposed: 8708.99.55, "Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other.” |
| Reason: The air springs subject to NY N303345, NY N303352 and NY N303355, and the bushings subject to NY N273173, NY N165423, NY N302641, NY N300207 (including the metal and rubber mounts), and NY 811465 are used as vibration control devices in vehicles. They are therefore prima facie classifiable heading 8708 by virtue of the fact that they augment the operation of the vehicles into which they are incorporated. Meanwhile, although heading 8708 provides for parts and accessories for motor vehicles, subheading 8708.80 only extends to parts of suspension systems. As the function of the subject air springs and bushings is to control vibration to improve vehicle ride and lessen vibration and noise, the articles aren't necessary to a motor vehicle in the manner of a “part” as defined by the courts. Therefore, they aren't “parts” of subheading 8708.80. The subject articles are properly classified under subheading 8708.99.55. |
| Proposed for revocation: NY N303345, NY N303352 and NY N303355, dated March 28, 2019; NY N273173, dated March 15, 2016; NY N302641, dated Feb. 22, 2019; and NY 811465, dated July 7, 1995. Proposed for modification: NY N300207, dated Sept. 5, 2018; and NY N165423, dated June 7, 2011 |
| Proposed new ruling: HQ H305332 |