HQ 0083109 - Application for further review of Protest No. 30016-000327 of September 26, 1986, filed by the law firm of Lamb & Lerch on behalf of Huffy Corporation, Miamisburg, Ohio. - United States International Trade Commision Rulings

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HQ 083109

February 28, 1989

CLA-2 CO:R:C:G 083109 APS

CATEGORY: CLASSIFICATION

TARIFF NO: TSUS 912.10, 912.12, 642.20

District Director of Customs
U.S. Customs Service
909 First Avenue, Room 2039
Seattle, Washington 98174

RE: Application for further review of Protest No. 30016-000327 of September 26, 1986, filed by the law firm of Lamb & Lerch on behalf of Huffy Corporation, Miamisburg, Ohio.

Dear Sir:

Protest was timely filed against the liquidation of Entry Nos. 86-810053 and 86-810009 covering importation of cable and brake inner wires, cable guide sleeves, and flat and radius washers for caliper brakes. All the items are used in caliper brake systems of bicycles after importation into the United States.

FACTS

Samples of the merchandise were not submitted. We understand they are the cables normally found used with the caliper braking systems of bicycles.

ISSUE

Item 912.10, Tariff Schedules of the United States provides for Caliper brakes *** parts of all the foregoing, including cable or inner wire for caliper brakes and casing therefor *** (provided for in items 732.35, 732.38, 732.41 and 732.42, part 5C, schedule 7). It is argued that cable is not provided for in part 5C schedule 7 and thus is not entitled to free entry. The issue then is whether the language "including cable or inner wire for caliper brakes and casing therefor" is included in the parenthetical reference to part 5C schedule 7.

LAW AND ANALYSIS

The master rule of construction is to carry out legislative intent. The language "including cable or inner wire for caliper brakes and casing therefor ***" was added to a temporary suspension bill for bicycle parts. Act of January 12, 1983, Pub. L. 97-446 Sec. 146, 96 Stat. 2343. The language is explained in the legislative history to this statute as a House Amendment to a Senate amendment which extended the existing suspension of column 1 (MFN) duties on certain bicycle parts to June 30, 1986, deleted "Click stick levers" from the temporary suspension and added cables and casings for caliper brakes to the suspension. U.S. Code Cong. and Adm. News, 97th Congress-Second Session (1982) page 4139.

It is clear from the foregoing that Congress fully intended the merchandise under consideration to be entitled to duty-free treatment. Furthermore, to take any other position would be to attribute to Congress the absurd act of adding language to the tariff without meaning. If the parenthetical language were to apply to cables the language would be meaningless because cables are provided for in Schedule 6, Part 3, TSUS.

HOLDING

The cables are classified under item 912.10, TSUS.

Counsel also claims duty-free treatment for radius and flat washers used with the caliper brakes. However, no showing is made that these washers are chiefly used with bicycles nor is any reason given as to why the provision for parts in item 912.10 TSUS, should prevail over the specific provision for washers in item 646.76, TSUS. General Headnote 10(ij) TSUS, noted.

You should allow the protest in part as to the cable and brake inner wire, brake cable sheath, and cable guide sleeve and deny it in part as to the radius and flat washers. A copy of this decision should be forwarded to Lamb & Lerch.

Sincerely,

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