Section XVII of the HTSUS

Thank you for joining us for our series on classification. Last week, we explored the articles contained in Section XVI of the HTSUS. Today, we will study the various commodities covered in Section XVII of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Section XVI Question
Classify a hydraulic accumulator used on a forklift truck.
Answer: 8479.89.9865
See NY D83615

Section XVII covers Chapters 86 through 89 consisting of railway locomotives, vehicles, aircraft, ships, boats and parts of the foregoing articles. Pay special attention to Section Note 2, which explains that “parts” and parts and accessories for certain articles found in this section are not, classified in this section. For example, a switch used in a an airplane is a part/accessory of the plane, but is not classified as such because Section Note 2(f) states that electrical goods are not classifiable as parts to articles in this section. Section Note 3 provides guidance for classifying parts that fit into more than one heading; the principal use of the part will determine classification.

Chapter 86 covers locomotives, track fittings and fixtures and rail containers. Some articles in this chapter may require compliance with the regulations of the Federal Railroad Administration (FRA).

Chapter 87 includes a wide variety of vehicles, including cars, fire trucks, motorcycles, bicycles and wheelchairs. Pay special attention to the definition of tractor found in Chapter Note 2. Chapter Note 4 and U.S. Note 2 provide guidelines for classification of bicycles. Products of this chapter may be required to comply with the regulations of the DOT, EPA and CPSC. New or used motor vehicles and specified parts must be accompanied by a completed HS-7 form from the DOT. Bicycles are regulated by the CPSC. EPA regulates emission standards. Not all "parts" of vehicles are classified in Chapter 87. For example, engines used in vehicles are classified in Chapter 84.

Chapter 88 covers gliders, airplanes, spacecraft, helicopters and flight simulators. Products of this chapter may be required to comply with the regulations of the FAA and EPA.

Chapter 89 pertains to ships, yachts, pleasure boats, rafts and buoys. Chapter Note 1 provides instructions for classifying hulls and other vessels not having the essential character of any specific vessel. Products of this chapter may be required to comply with the regulations of the U.S. Coast Guard. Customs must be notified of the date of arrival of all foreign-built pleasure boats.

Question:
Classify a hubcap used on a Ford Focus.

Join us next week for the answer to this week’s classification question and a discussion of Section XVIII of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com