CLA-2-84:OT:RR:NC:N1:102
Mr. Sean Heatley
Nuventix, Inc.
4635 Boston Lane, Suite 100
Austin, Texas 78735
RE: The tariff classification of a synthetic jet, a heat sink and wire harness from China
Dear Mr. Heatley:
In your letter dated December 29, 2010 you requested a tariff classification ruling. Descriptive literature and representative samples were included with your submission. The samples will be returned to you.
The items under consideration are described as a synthetic jet (SynJet), a heat sink and a wire harness and are primarily used for thermal management in LED lighting and a central processing unit (CPU). You state that these products are principally designed to work with each other but are not exclusive and can be used with other designs. The SynJet, heat sink and wire harness are in most instances imported separately but on occasion may be imported together.
The SynJet is specifically designed to mount onto the heat sink and is responsible for the movement of air to thermally cool a warm or hot object. SynJet modules create and move jets of air through fanless air moving technology across the fins of the heat sink in order to remove heat from the heat source. You indicate that the air is moved through a pumping motion and does not exhibit the same movement of air as produced by a fan. SynJet modules are also used to replace cooling fans in such devices such as microprocessors, memory chips, graphic chips, etc.
You suggest classification of the SynJet under subheading 8548.90.01000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical parts of machinery or apparatus, not specified or included elsewhere in this chapter: Other.” However, based on the information submitted, we find that the SynJet is essentially an air pump that pushes the air used to thermally cool an object. Pumps are specifically provided for in heading 8414, HTSUS.
The applicable subheading for the SynJet, whether imported alone or together with the heat sink and wire harness, will be 8414.80.9000, HTSUS, which provides for other air pumps. The rate of duty will be 3.7 percent ad valorem.
The heat sink is made of die cast aluminum with an electro-coating for protection. It works in conjunction with the SynJet cooler to provide thermal cooling. The heat sink contains holes located on the cooling fins that align with the holes on the rim of the SynJet. Four mounting screws secure the SynJet cooler to the heat sink. The heat sink is a device that collects and dissipates heat from hot components and provides a path for heat to an outside medium.
You are of the opinion that the heat sink is correctly classified under subheading 8542.90.0000, HTSUS, which provides for “Electronic integrated circuits and microassemblies; parts thereof: Parts.” Although the SynJet and the heat sink do not have to be used together, they are principally designed to be used with each other. The SynJet creates and moves the air that travels across the fins of the heat sink which transfers the heat away from the heat source. In addition, the heat sink has holes on the cooling fins which align with the holes on the SynJet cooler which allow the two items to be attached. As such, we find that the heat sink is part of the SynJet, an air pump of HTSUS heading 8414.
The applicable subheading for the heat sink will be 8414.90.9080, HTSUS, which provides for parts of air pumps. The rate of duty is free.
The wire harness supplies power to the SynJet and is for 5V or 12V applications. The harness is fitted with a connector and is used to connect the SynJet to the apparatus it is to cool.
The applicable subheading for the wire harness will be 8544.42.9000, HTSUS, which provides for “Insulated wire, cable…: Other electric conductors, for a voltage not exceeding 1,000V: Fitted with connectors: Other: Other.” The rate of duty will be 2.6 percent ad valorem.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division