CLA-2-85:OT:RR:NC:N1:120
Mr. Shawn Chawgo
John Mezzalingua Associates, d/b/a JMA
7645 Henry Clay Boulevard
Liverpool, NY 13088
RE: The tariff classification of subracks from China and Italy
Dear Mr. Chawgo: In your letter dated June 11, 2014 and the original electronic ruling request of May 29, 2014 filed on your behalf by Mohawk Global Trade Advisors, a tariff classification ruling was requested. The merchandise under consideration is three JMA/Teko 19-inch wireless subracks, which consist of the following part numbers: SUB-TRX-PSU, SUB-PSU-MU, and SUB-HPOI, all of which are to be used in the telecommunications industry for the extension of cellular telephone coverage.
The SUB-TRX-PSU is an aluminum subrack housing with internal components for optical modules. The back of the housing has a printed circuit board imported with 12 connectors, which can connect up to 12 active modules (not imported). The SUB-PSU-MU is a steel subrack housing that has a printed circuit board imported with 3 connectors, which can connect up to 3 power supplies (not included). The SUB-HPOI is an aluminum subrack housing, which is designed to be part of a distributed antenna system, and is imported without any electrical components or connectors; this subrack housing is designed to be used to house passive modules, which will not require power. The SUB-TRX-PSU and SUB-PSU-MU subracks use voltages not exceeding 1,000 volts.
You suggested that the subject merchandise be classified under subheading 8517.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in pertinent part, for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network…; parts thereof: Parts.” However, the subracks, part numbers SUB-TRX-PSU and SUB-PSU-MU, are not integral parts of apparatus that transmit or receive cellular signals nor amplify or generate signals. Thus, they are not classified as parts in subheading 8517.70.000, HTSUS. Furthermore, it is stated in your request that connectors are not considered “electronic.” However, they are considered “electrical apparatus” for the electric control or the distribution of electricity pursuant to the HTSUS.
Part number SUB-HPOI, which does not contain any electrical components or connectors, is used as a housing in a distributed antenna communications system. Thus, it would be considered an article of aluminum.
The applicable subheading for the subracks, part numbers SUB-TRX-PSU and SUB-PSU-MU, will be 8537.10.9070, HTSUS, 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, … : For a voltage not exceeding 1,000 V: Other: Other: Other.” The rate of duty will be 2.7 percent ad valorem.
The applicable subheading for the subrack housing, part number SUB-HPOI, will be 7616.99.5090, HTSUS, which provides for: Other articles of aluminum: other…other. The rate of duty will be 2.5% ad valorum.
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 Denise Faingar at [email protected]. Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division