OT:RR:CTF:EMAIN H342570 PF
TARIFF NO(s).: 8504.40.95; 9903.88.03
Center Director
Center of Excellence and Expertise, Electronics
U.S. Customs and Border Protection
301 E. Ocean Blvd.
Long Beach, CA 90802
Attn: Herman Porras, Import Specialist
RE: Application for Further Review of Protest No: 270424171208; Tariff Classification of
Static Converters from China
Dear Center Director:
This is our decision regarding an Application for Further Review (AFR) of Protest No.
270424171208 filed by counsel on behalf of ESI Cases & Accessories Inc. (Protestant). The
Protest and AFR concern the classification under the Harmonized Tariff Schedule of the United
States (HTSUS) of static converters. In addition, the protest concern’s U.S. Customs and Border
Protection’s (CBP) determination on the applicability of the exclusion annotated under Chapter
99 U.S. Note 20(mm)(32) under the HTSUS to the subject merchandise. Our decision is set
forth below and considers meetings held on February 3, 2025 and April 2, 2025 and
supplemental information and samples provided on May 22, 2025.
The subject merchandise was entered between February 17, 2023 and June 21, 2023 and
was liquidated under subheading 8504.40.95, HTSUS, which provides for “Electrical
transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static
converters: Other.” As products of China, the subject merchandise was also subject to additional
ad valorem duties pursuant to U.S. Note 20 to Subchapter III, Chapter 99, subheading
9903.88.03, HTSUS.
Protestant maintains that the subject merchandise is properly classified in subheading
8504.40.85, HTSUS, which provides for “Electrical transformers, static converters (for example,
rectifiers) and inductors; parts thereof: Static converters: For telecommunication apparatus.”
In addition, Protestant claims that the subject merchandise should be liquidated under
subheading 9903.88.67, HTSUS, citing the exclusion annotated under Chapter 99 U.S. Note
20(mm)(32) for “Static converters of a kind used to charge telecommunication apparatus in cars
or homes, valued not over $2 each (described in statistical reporting number 8504.40.8500).”
FACTS:
According to the Protestant, the subject merchandise consists of various car and wall
chargers. The chargers are primarily plastic AC-DC static converters designed to be plugged
into a standard cigarette lighter outlet in an automobile (car charger) or a standard wall outlet
(wall charger). Protestant’s chargers typically feature one USB-A port or a USB-A and a USB-C
port. The chargers provide a low amperage charge between 2.1-4.8 Amp.
The Protestant submitted representative samples for the products at issue. Regarding the
car chargers, one sample has the brand “Armor All” and is described as a universal 2-port USB
car charger, 3.1 Amp, powering smartphones, tablets, and other compatible devices. 1 The
“Armor All” car charger has a USB port, USB interface and connects to a car’s direct current
port for charging. A second car charger sample provided by the Protestant is from the brand
“Trend Zone” and contains dual USB-A ports capable of charging up to two devices up to 2.4A
charging speed on each port (4.8 Amps) and able to charge smartphones, tablets, and other
devices in your car.
With respect to the wall chargers, one sample is the brand “Tekniq” described as a 3.0A,
USB quick wall charger, capable of charging smartphones, tablets and other devices at home. 2
The Protestant also submitted a wall charger with the brand “Billboard” described as a dual Mini
USB AC charger, with 2.1 Amp, and compatible with any USB enabled device. A third sample
wall charger provided by Protestant is by the brand “Xtreme Power” with 2.4A total power, 2
output connectors (one type C and one USB port), “[f]or USB Type C and Type A devices.” 3
ISSUES:
1. Whether the static converters are classified as “static converters for telecommunication
apparatus” under subheading 8504.40.85, or as “static converters, other” under subheading
8504.40.95, HTSUS.
2. Whether the static converters satisfy an exclusion provision pertaining to products described
by statistical reporting number 8504.40.85, HTSUSA and are eligible to claim the secondary
tariff number of subheading 9903.88.67, HTSUS.
1
See Armor All Universal 2-Port USB Car Charger, 3.1 Amp, Power Devices, Connect To DC Port -
Walmart.com (last visited June 24, 2025).
2
See Tekniq 2357117 3 Amp Quick Charge Wall Charger, Assorted Color - Case of 12 - Walmart.com
(last visited June 24, 2025).
3
See Xtreme Home Charger - Power adapter - 2.4 A - 2 output connectors (USB, 24 pin USB-C) - black -
Walmart.com (last visited June 24, 2025).
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LAW AND ANALYSIS:
We first note that this matter is protestable under 19 U.S.C. §1514(a)(2) as a decision on
classification. The protest was timely filed within 180 days of liquidation of the first entry. See
Miscellaneous Trade and Technical Corrections Act of 2004, Pub. L. 108-429, § 2103(2)(B)(ii)–
(iii) (codified as amended at 19 U.S.C. § 1514(c)(3) (2006)). Further review of the Protest No:
270424171208 is properly accorded to Protestant pursuant to 19 C.F.R. § 174.24(b) because the
protest involves questions of law and fact that have not been ruled upon by the Commissioner of
CBP or his designee or by the Customs courts.
Classification under the HTSUS is determined 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 2 through 6 may then be
applied in order. GRI 6 provides that for legal purposes, classification of goods in the
subheadings of a heading shall be determined according to the terms of those subheadings and
any related subheading notes and, mutatis mutandis, to the above rules, with the understanding
that only subheadings at the same level are comparable.
The 2023 HTSUS subheadings at issue are as follows:
8504 Electrical transformers, static converters (for example, rectifiers) and inductors; parts
thereof
8504.40 Static converters
8504.40.85 For telecommunication apparatus
8504.40.95 Other
U.S. Note 20(mm)(32) to Chapter 99, HTSUS, provides as follows, in pertinent part:
The U.S. Trade Representative determined to establish a process by which particular
products classified in heading 9903.88.03 and provided for in U.S. notes 20(e) and (f) to
this subchapter could be excluded from the additional duties imposed by heading
9903.88.03, and by which particular products classified in heading 9903.88.04 and
provided for in U.S. note 20(g) to this subchapter could be excluded from the additional
duties imposed by heading 9903.88.04. See 83 Fed. Reg. 47974 (September 21, 2018)
and 84 Fed. Reg. 29576 (June 24, 2019). Pursuant to the product exclusion process, the
U.S. Trade Representative has determined that the additional duties provided for in
heading 9903.88.03 or in heading 9903.88.04 shall not apply to the following particular
products, which are provided for in the enumerated statistical reporting numbers: [. . .]
(32) Static converters of a kind used to charge telecommunication apparatus in cars or
homes, valued not over $2 each (described in statistical reporting number
8504.40.8500)[.]”
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There is no dispute that the subject merchandise is described by GRI 1 by the terms of
heading 8504, HTSUS. At issue is whether the subject static converters are classified in
subheading 8504.40.85, HTSUS, “for telecommunication apparatus” or in subheading 8504.40.95,
as “other.”
The term “telecommunications” is not defined in the HTSUS. As such, it must be
construed in accordance with its common meaning, which may be ascertained by reference
to “dictionaries, scientific authorities, other reliable information sources,” “lexicographic
and other materials” and to the pertinent ENs. C.J. Tower & Sons v. United States, 69
C.C.P.A. 128, 673 F.2d 1268, 1271 (1982); Simod America Corp. v. United States, 872
F.2d 1572, 1576 (Fed. Cir. 1989); GRK Can., Ltd. v. United States, 761 F.3d 1354, 1357
(Fed. Cir. 2014).
In Headquarters Ruling (HQ) H100097 (Sept. 3, 2010), CBP addressed the term
“telecommunications” when considering the classification of an HDMI cable. CBP stated as
follows:
The term “telecommunications” is defined by the Computer Telephone & Electronics
Glossary (www.csgnetwork.com) as “The science of sending signals representing voice,
video, or data through telephone lines,” and by the Webster’s New World College
Dictionary, 4th ed. (1999) as “communications by electronic or electric means, as through
radio, telephone, telegraph, television, or computers.” In addition, we note that Newton’s
Telecom Dictionary (23rd ed. 2009) defines the term “telecommunications” as: “1. The art
and science of ‘communicating’ over a distance by telephone, telegraph and/or radio. The
transmission, reception and the switching of signals, such as electrical or optical, by wire,
fiber, or electromagnetic (i.e. through-the-air) means.”
Moreover, in HQ H257211 (Jul. 21, 2017), CBP stated addressed the term
“telecommunications” when considering the classification of an RFC Noise Filter Inductor. CBP
states the following:
“Telecommunications” is generally defined as the transmission of words, images, data, or
other information in the form of electromagnetic signals, such as radio waves. See, e.g.:
www.dictionary.com/browse/telecommunications, Dictionary.com (2017);
www.techopedia.com/definition/5570/telecommunications, Technopedia.com (2017).
“Apparatus” is generally defined as equipment designed for a particular use. See, e.g.:
www.dictionary.com/browse/apparatus, Dictionary.com (2017); www.merriam-
webster.com/dictionary/apparatus, Merriem-Webster.com (2017);
dictionary.cambridge.org/us/dictionary/english/apparatus, Dictionary.Cambridge.org/US
(2017).
Thus, as a collective term, “telecommunications apparatus” is equipment that is designed
specifically to transmit information in the form of electromagnetic signals, such as radio
waves.
In contending that the subject static converters are “telecommunication apparatus”, the
Protestant relies on HQ H319416 (Jul. 1, 2021), where CBP determined that various cables,
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including audio, video, auxiliary, and subwoofer cables were found to be cables “of a kind used
for telecommunications.” Based on the common and commercial meaning of the term
“telecommunications”, we find that the subject merchandise is not “of a kind used to charge
telecommunication apparatus” because the subject merchandise does not contain any feature or
function that indicates its principal use is with telecommunication apparatus. The subject static
converters all feature a USB port, which can charge electronic devices containing a USB socket
and are not limited to charging telecommunications devices.
Moreover, the samples provided by the Protestant indicate that the subject static
converters can charge “smartphones, tablets, and other devices… [or] USB Type C and Type A
devices (emphasis added).” The Protestant has also not provided any support to show that the
subject static converters have any physical construction that limits the devices to the charging of
telecommunications devices. Similarly, there is no indication that the subject devices have a
dedicated socket/plug format that designates the static converter’s use with solely
telecommunication devices. Therefore, the subject car and wall chargers are not classifiable as
static converters for telecommunication apparatus of subheading 8504.40.85, HTSUS.
Protestant relies on New York Ruling (NY) N298534 (Jul. 24, 2018), NY N305648
(Sept. 3, 2019) and NY N319801 (Jun. 8, 2021) in support of their contention that the subject
static converters are classifiable in subheading 8504.40.85, HTSUS. In NY N298534, NY
N305648, and NY N319801, the products at issue were wireless chargers that used inductive (Qi
enabled) charging to supply power to mobile phones, which are telecommunication apparatus.
CBP classified those devices in subheading 8504.40.85, HTSUS. However, the subject static
converters are unlike the devices cited in the NY rulings supra, because they do not use inductive
charging technology, a technology that is predominantly employed by mobile phones.
Our decision is consistent with NY N328742 (Oct. 21, 2022), where CBP classified a
direct current to direct current (DC to DC) converter having two female USB type-A socket
connectors on one side and a 12 V vehicle accessory electrical plug on the other that was
intended to be used in a vehicle for charging personal electronics in subheading 8504.40.95,
HTSUS. CBP rejected the importer’s suggested classification under subheading 8504.40.85,
HTSUS, because the adapter functioned to provide DC power for charging various types of
electronics devices. CBP reasoned that there was no feature or function that established its
principal use with telecommunication apparatus. CBP further stated that the adapter’s use was
generic, which was further substantiated by the retail packaging that described the charging of a
“Tablet.” Similarly, in this case, the subject adapters do not have a feature or function that
establishes its principal use with telecommunication apparatus. The use of the subject static
converters is also generic, and they provide DC power for charging various types of electronic
devices and not just telecommunications devices. Moreover, the subject converters retail
packaging indicates that they can charge tablets, smartphones, and other devices.
Moreover, in NY N253967 (Jun. 9, 2014), CBP classified a combination wall/car
universal charger set that incorporated a standard AC household outlet plug, an automobile
power port plug, and a standard USB port and a car cell charger that could be used with a variety
of electronic devices in subheading 8504.40.95, HTSUS. See also NY R02988 (Dec. 27, 2005)
(car charger that plugged into automobile cigarette lighter and functioned as a DC to DC
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converter to charge devices was classified in 8504.40.95, HTSUS), NY N154077 (Apr. 13, 2011)
(USB car charger that plugged into an automobile’s cigarette lighter outlet with USB port
charged batteries of standard USB devices was classified in 8504.40.95, HTSUS) (emphasis
added), NY N155177 (Apr. 15, 2011) (car charger with DC to DC power supply that contained
USB port to charge standard USB devices) (emphasis added). Similarly, the subject static
converters have USB ports and are not limited to charging telecommunication devices and can
charge a variety of electronic devices.
Therefore, the subject static converters are classified in subheading 8504.40.95, HTSUS
and do not meet the terms of the Section 301 exclusion provided for in U.S. Note 20(mmm)(32)
to subchapter III of chapter 99, and subheading 9903.88.67, HTSUS. Accordingly, the devices
are subject to the additional Section 301 duties imposed by subheading 9903.88.03, HTSUS.
HOLDING:
By application of GRIs 1 and 6, the static converters are classified under heading 8504,
HTSUS, specifically subheading 8504.40.95, HTSUS, which provides for “Electrical
transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static
converters: Other.” The general, column one rate of duty is Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, the subject merchandise
is also subject to an additional 25 percent ad valorem rate of duty by virtue of being classified
under heading 9903.88.03.
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 online at
https://hts.usitc.gov/.
Since the rate of duty under the classification indicated above is the same as the
liquidated rate, you are instructed to DENY the Protest in full.
You are instructed to notify the Protestant of this decision no later than 60 days from the
date of this decision. Any reliquidation of the entry or entries in accordance with the decision
must be accomplished prior to this notification. Sixty days from the date of the decision, the
Office of Trade, Regulations and Rulings will make the decision available to CBP personnel and
the public on the Customs Rulings Online Search System (CROSS) at https://rulings.cbp.gov/, or
other methods of public distribution.
Sincerely,
for Yuliya A. Gulis, Director
Commercial and Trade Facilitation Division
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