CLA-2 CO:R:C:M 089938 AJS
Ms. Joan McLeod
Customs Specialists
Northern Telecom Inc.
77 Oriskany Drive
Tonawanda, NY 14150
RE: Reconsideration NY 863577; elastomer; Heading 8536;
Heading 8537; Heading 8546; Heading 3926; Section XVI, note
2(a); Chapter 39, note 2(o).
Dear Ms. McLeod:
This is in reply to your request of July 16, 1991, for
reconsideration of NY 863577 (6/20/91), which classified an
elastomer as a part of a telephone set within subheading
8517.90.30, Harmonized Tariff Schedule of the United States
(HTSUS).
FACTS:
The merchandise under reconsideration is an elastomer
which is also referred to as a "Klik Key Rubber Switch". It
is made of a silicon rubber pad with collapsible protrusions
or domes. Each dome contains a conductive rubber contact
which provides the bridging between the keys and the switch
board of a telephone.
It is claimed that the elastomer can be used "off the
shelf" with numerous electronic devices such as calculators,
computers, electronic games and telephone sets. However, the
submitted sample appears to be designed for use with a tele-
phone set based upon its size and shape. The submitted
literature states that elastomers are custom molded to
customer specifications in a variety of configurations.
Large sheets of domes can be separated into the exact
arrangement needed, from a single switch to full-travel
keyboards. Furthermore, the literature states that
elastomers can have a variety of stroke length, actuation
force, tactile feedback, shapes and sizes. Elastomers used
with telephones are designed with certain stroke, force and
life cycle parameters.
ISSUE:
Whether the elastomers are properly classifiable within
heading 8517, HTSUS, which provides for parts of telephone
sets; or classifiable within heading 8536, HTSUS, which
provides for "[e]lectrical apparatus for switching or
protecting electrical circuits, or for making connections to
or in electrical circuits (for example, switches, relays . .
."; or classifiable within heading 8537, HTSUS, which
provides for "[b]oards, panels . . . and other bases,
equipped with two or more apparatus of heading 8535 or 8536,
for electric control or the distribution of electricity . .
."; or classifiable within heading 3926, HTSUS, which
provides for other articles of plastic.
LAW AND ANALYSIS:
Subheading 8517.90.30, HTSUS, provides for parts of
telephone sets. It is claimed that elastomers can be used
"off the shelf" with numerous electronics devices. However,
the subject sample appears to be of the type used solely or
principally with telephone sets. This conclusion is
supported by the size and shape of the elastomer. In
addition, the submitted literature states that elastomers
are custom molded to customer specifications in a variety of
configurations; and that they have a variety of stroke
length, actuation force, tactile feedback, shapes, and
sizes. This information indicates that elastomers are
designed and shaped to be used solely or principally with
certain devices. In this instance, it appears that the
subject elastomer is designed and shaped to be used solely or
principally with telephone sets. Accordingly, the subject
elastomer satisfies the terms of subheading 8517.90.30,
HTSUS, and is properly classifiable therein.
Parts which are goods included in any of the headings of
chapters 84 and 85 are in all cases to be classified in their
respective headings. Section XVI, note 2(a). It is argued
that the elastomer is a good included in subheading
8537.10.00, HTSUS, which provides for "switchgear assemblies
and switchboards".
Heading 8537, HTSUS, provides for "[b]oards, panels . . .
and other bases, equipped with two or more apparatus of
heading 8535 or 8536, for electric control or the
distribution of electricity . . . other than switching
apparatus of heading 8517". The subject elastomer does not
satisfy the terms of this heading. It is used solely or
principally with telephone sets. If the elastomer is a
switchgear assembly or switchboard, then it is precluded from
this heading as a switching apparatus of heading 8517.
Accordingly, the subject elastomer is not classifiable within
heading 8537, HTSUS.
Heading 8536, HTSUS, provides for electrical apparatus
for switching electrical circuits (for example switches).
You contend that the elastomer satisfies this description.
The subject elastomer does not satisfy the terms of this
heading. It is not merely a switch, but a group of bridging
devices collected on an insulating membrane. Heading 8537,
HTSUS, provides for two or more switches assembled together.
Heading 8546, HTSUS, provides for electrical insulators.
Therefore, the elastomer is not classifiable within heading
8536, HTSUS.
Heading 8546, HTSUS, provides for electrical insulators
of any material. You also contend that the elastomer is
classifiable within this heading. However, the subject
elastomer does not satisfy the terms of this heading. It is
not merely an insulator. It also performs a connection or
bridging function. Accordingly, the elastomer is also not
classifiable within heading 8546, HTSUS.
Heading 3926, HTSUS, provides for "[o]ther articles of
plastics and articles of other materials of headings 3901 to
3914." You contend that the elastomer is classifiable within
this heading. Customs laboratory analysis indicates that the
elastomer satisfies the terms of this heading. Chapter 39,
of which this heading is a part, does not cover articles of
Section XVI. Chapter 39, note 2(o). The elastomer satisfies
this description. A part of a telephone set is an article of
Section XVI. Accordingly, the elastomer is precluded from
classification within subheading 3926, HTSUS.
HOLDING:
The subject elastomer is properly classifiable within
subheading 8517.90.30, HTSUS, which provides for parts of
telephone sets. NY 863577 is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division