Sole or principal use test upheld for automotive bearing assemblies; classification under motor vehicle parts sustained and penalties set aside.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Imported bearing assemblies used solely as automotive components were held classifiable under CTH 87087000 as parts of motor vehicles, because the exclusionary notes in Sections XVI and XVII did not resolve the tariff conflict and Note 3 to Section XVII required application of the sole or principal use test. The goods were not treated as bearings simpliciter, but as ready-to-fit assemblies for car wheels and rear drum assemblies. The Tribunal also held that the dispute was interpretational in nature, so penalties were not warranted; the penalties in two appeals were set aside. The challenge that the lower appellate authority had travelled beyond the show cause notices was rejected.....