CLA-2 CO:R:C:M 951869 AJS
Mr. Bruce H. Leeds
Manager, Export/Import Operations
CO/C1/B112
Hughes Aircraft Company
P.O. Box 80028
Los Angeles, CA 90080-0028
RE: Squib Driver Units; Subheading 8803.90.30; parts of
communications satellites; Section XVII, note 2(f); HQ 088477.
Dear Mr. Leeds:
This is in reply to your letter of May 14, 1992, requesting
the tariff classification of "Squib Driver Units" within the
Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The subject Squib Driver Units (SDUs) consist of several
"slice" assemblies joined together as a single unit. A "slice"
consists of a populated circuit board constructed in such a
manner that two or more slices can be combined to make a unit.
The subject SDUs are used in communications satellites to fire
squibs. A communication satellite contains a number of squibs
which are small explosive charges used to sever fasteners on the
satellite allowing the units held by the fasteners to deploy.
Specifically, the SDUs receive a command signal from a separate
receiver, charge capacitors for a triggering charge to the
squibs, activate switches to direct the electrical triggering
charge to the squibs, disconnect the squibs by means of a timing
circuit, and monitor the status of squibs indicating whether they
are active or inert.
ISSUE:
Whether the SDUs are properly classifiable within heading
8537, HTSUS, which provides for "[b]oards, panels . . . and other
bases, equipped with two or more apparatus of heading 8535 or
-2-
8536, for electric control or the distribution of electricity . .
."; or within heading 8803, HTSUS, which provides for parts of
the goods of heading 8801 or 8802 (e.g., satellites).
LAW AND ANALYSIS:
Heading 8537, HTSUS, provides for "[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, including those incorporating
instruments or apparatus of chapter 90 . . ." The subject SDUs
satisfy this description. They are an assembly of populated
printed circuit boards in a unit used for the control of
electricity to the squibs. The claim that the SDUs perform other
functions outside the scope of this heading, such as the charging
of capacitors and the reception of a signal command from a
receiver, is not determinative inasmuch as these functions merely
aid in the control of electricity to the squibs. In addition,
the fact that the SDUs may perform a function of chapter 90 is
also not determinative inasmuch as the terms of this heading
allow for the inclusion of instruments or apparatus of chapter
90. Accordingly, we find that the subject SDUs satisfy the terms
of this heading. More specifically, they are provided for within
subheading 8537.10.00, HTSUS, which provides for apparatus of
this heading, for a voltage not exceeding 1,000 V.
Subheading 8803.90.30, HTSUS, provides for parts of
communications satellites. Section XVII, of which this
subheading is a part, states that the expression "parts" does not
apply to electrical machinery or equipment (chapter 85), and this
is the case whether or not this machinery or equipment is
identifiable as for goods of this section. Section note 2(f).
As discussed previously, the subject SDUs are electrical
equipment of heading 8537, HTSUS. Consequently, they are
excluded from classification within subheading 8803.90.30, HTSUS,
by the application of Section note 2(f).
HQ 088477 (May 9, 1991), is cited as precedent for
classification of the SDUs within subheading 8803.90.30, HTSUS.
However, the wiring harness in that decision contained articles
that performed several significant functions which were not
within the purview of functions performed by wiring harnesses.
As noted above, the charging of the electric capacitors,
reception of the signal command and other functions performed by
the SDUs essentially aid in the control and distribution of
electricity to the squibs. They are not significant other
functions. Therefore, we do not view this ruling as precedential
for determining the classification of the SDUs.
-3-
HOLDING:
The Squib Driver Units are classifiable within subheading
8537.10.00, HTSUS, which provides for boards, panels and other
bases for the electric control of electricity, for a voltage not
exceeding 1,000 V.
Sincerely,
John Durant, Director
Commercial Rulings Division