CLA-2 RR: CR: GC 966607 TPB
Mr. Craig M. Schau
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130
RE: Classification of multi-jack electrical connector; Reconsideration of NY J81245.
Dear Mr. Schau:
This is in response to your letter dated March 18, 2003, on behalf of FCI USA, Inc. (“FCI”), to the Director, National Commodity Specialist Division, New York, requesting reconsideration of NY J81245, dated March 12, 2003. That letter was forwarded to this office for reply. We regret the delay in responding.
We have had an opportunity to review this ruling and for the reasons set forth below, the classification of the merchandise in NY J81245 is deemed to be correct and is affirmed. In reaching this conclusion, we took into consideration information submitted in your original request and your March 18th letter.
FACTS:
The merchandise under consideration is described in NY J81245, in pertinent part, as follows:
As indicated by the submitted samples, the electrical jacks, identified as an R/A 8 Position Gang Jack – item number 94710-006M, is a multi-jack electrical connector consisting of housing and base with electrical contacts designed for mounting.
Additionally, you state in your letter of March 18, 2003:
These are modular RJ11 eight (contact) gang jacks. Also, they are multiple-jack electrical connectors consisting of a housing, and a base metal shield.
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They are connectors for network telecommunications products. Communication cables are plugged into the six-connector points in the gang. These items are not electrical power distribution products. They are, however, electrical apparatus (sockets) for making connections in electrical circuits for a voltage not exceeding 1,000 volts.
NY J81245 classified, inter alia, the R/A 8 Position Gang Jack – item number 94710-006M under subheading 8537.10.9070, Harmonized Tariff Schedule of the United States Annotated (“HTSUSA”).
ISSUE:
Are boards, panels, consoles, desks, cabinets and other bases equipped with multiples of one type of apparatus of heading 8535 or 8536, HTSUSA, classified under that heading, or heading 8537, HTSUSA?
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRIs”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.
The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80.
The HTSUSA provisions under consideration are as follows:
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V:
Lamp-holders, plugs and sockets;
Other;
Coaxial connectors; cylindrical multicontact connectors; rack and panel connectors; printed circuit connectors; ribbon or flat cable connectors
8536.69.4040 Printed circuit connectors
8536.69.4050 Other
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8537 Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517:
For a voltage not exceeding 1,000 V:
Other
Other:
8537.10.9070 Other
Firstly, you indicate that these devices are not electrical power distribution products and second, because these devices contain multiples of one type of apparatus of heading 8536, HTSUS, that they are not within the scope of heading 8537, HTSUS, which provides for boards, panels and other bases with two or more apparatus of heading 8535 or 8536, HTSUS.
In addressing your first point, the devices in question contain multiple sockets, which individually, are covered under heading 8536, HTSUS. Each jack contains a printed circuit board with eight contacts. These jacks are used to make connections in electrical circuits for a voltage not exceeding 1,000 volts. There is nothing in this description, however, which would exclude them from heading 8537, HTSUS, in light of the fact that there are two or more sockets in each multiple jack and they are used to connect, i.e. distribute electrical connections from those various sockets.
With regards to your second point, your description of the merchandise under reconsideration indicates that they are multi-jack electrical connectors. As noted above, heading 8537, HTSUS, reads, in pertinent part, “[b]oards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…”. It is Customs position that a plain reading of this text would indicate that multiples of one type of apparatus are covered by this heading. The wording of the heading itself does not specifically refer to two or more “types” of apparatus of heading 8536, only two or more apparatus of heading 8536. We see no reason to read additional words into heading 8537 which will narrow the scope of that heading.
HOLDING:
For the reasons stated above, FCI’s R/A 8 Position Gang Jack – item number 94710-006M, is classified under subheading 8537.10.9070, HTSUSA, which provides for: “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517: For a voltage not exceeding 1,000 V: Other: Other: Other. The 2004 column one general rate of duty will be 2.7%. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov.
EFFECTS ON OTHER RULINGS:
NY J81245, dated March 12, 2003, is affirmed.
Sincerely,
Myles B. Harmon, Acting Director
Commercial Rulings Division