CLA-2:CO:R:C:G 082654 KK 830690
Mr. Mike Vogt
Fritz Companies, Inc.
1722 QQ South Glenstone
Springfield, Missouri 65804
RE: Classification of a speed control for assembly to a sawing
machine
Dear Mr. Vogt:
Your request for a binding ruling addressed to our New
York office, concerning the classification of a speed control
for assembly to a sawing machine was referred to this office
for a direct reply to you.
FACTS:
The subject merchandise, comprised of a printed circuit
board assembly which includes two wire leads, a potentiometer,
trimpotentiometer, resistor, capacitor and a silicon controlled
rectifier enclosed in an aluminum jacket, effects speed control
of a sawing machine through voltage regulation. The speed
control is to be imported from Holland for assembly to a sawing
machine.
ISSUE:
Whether the speed control device described above is
properly classifiable as electrical switches . . . and control
panels . . . and parts thereof in item 685.90, TSUS; or as
generators, motors . . . and parts thereof . . . other,
rectifiers and rectifying apparatus, in item 682.60, TSUS; or
in some other provision(s) of the tariff schedules.
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LAW AND ANALYSIS:
Regarding the possible classification of the device under
the provision for electrical switches . . . and control panels
. . . and parts thereof in item 685.90, TSUS, our ruling of
January 15, 1970, ORR Ruling 1117-70, is instructive. In that
case, we classified a speed control unit (consisting of a
rectifier, capacitor, fixed and variable resistors, transistors
and switches) designed for voltage control of agricultural
machinery under the provision for rectifying apparatus in item
682.60, TSUS.
We believe that the speed control device in the instant
case is analogous to the speed control in ORR Ruling 1117-70,
insofar as the former is not itself a control panel, but rather
is a device that controls line voltage through reactance
variation. Accordingly, the speed control device is not
classifiable under the provision for electrical switches . . .
and control panels . . . and parts thereof in item 685.90,
TSUS.
Also relevant to the possible classification of the speed
control device in item 682.60, TSUS, is the well established
classification principle which states that where an article is
in character or function something other than as described by a
specific statutory provision -- either more limited or more
diversified -- and the difference is significant, it cannot
find classification within such provision. Robert Bosch Corp.,
Arthur J. Fritz & Co., v. United States, 63 Cust. Ct. 96, 103,
C.D. 3881 (1969). In the instant case, then, for the speed
control unit to fall within an eo nomine provision for an
article it cannot be "more than" that article.
In this regard, we believe that the speed control does not
constitute "more than" rectifier and rectifying apparatus in
item 682.60, TSUS. Analogous to the speed control device in
this case is a similar device that was the subject of our
ruling of August 18, 1977, file 048817, wherein we determined
that a certain battery charger, consisting of a transformer,
rectifier, line card and three-pronged connector, the chief
function of which was to convert alternating current to
directcurrent for use in battery powered calculators, was
classifiable as rectifiers and rectifying apparatus in item
682.60, TSUS. In that case, we cited the Customs Court's
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ruling in Craig Corporation v. United States, 73 Cust. Ct. 161,
C.D. 4622 (1975), which held certain foot switches were not
"more than" switches since the presence of various other
components (housing, pedal, springs, electrical cord and plug)
were directly related to the operation of the switch. (See
also our ruling of November 26, 1984, file 074063, holding a
certain ceiling fan speed control device consisting of
capacitors, resistors, potentiometers, head wires and sleeving
classifiable as transformers in item 682.05, TSUS.)
HOLDING:
In view of the foregoing, the speed control device in
question is properly classifiable as generators, motors, motor-
generators, converters (rotary or static), transformers,
rectifiers and rectifying apparatus . . . and parts thereof,
other, in item 682.60, TSUS, dutiable at the rate of 3 percent
ad valorem.
The Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) replaces the TSUS in January 1989. The
HTSUS provision applicable to the above described merchandise
is subheading 8504.40.00, as electrical transformers, static
converters (for example rectifiers) and parts thereof, static
converters, rectifiers and rectifying apparatus, power
supplies, of a rated power output not exceeding 500 watts,
dutiable at the rate of 3 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
KKeefe:jaj:1/17/89 rt/gc/3/9/89