CLA-2-85:OT:RR:NC:N2:220
Ryan Supek
TE Connectivity Corporation
2800 Fulling Mill Road
Middletown, PA 17057
RE: The tariff classification of power entry modules from China and Mexico
Dear Mr. Supek:
In your letter dated July 23, 2018 you requested a tariff classification ruling.
The first item under consideration is identified as the Corcom P Series Power Entry Module, (Filtered P Series), Item Number 5-6609107-3, which consists of a molded plastic body containing a double pole single throw (DPST) power switch, a female three prong power inlet, an electromagnetic interference (EMI) filter, a voltage selector with LED indication, and a fuse holder. The electrical filter for this connector shunts EMI emissions to the chassis ground and does not alter or convert the electricity supplied to the panel. We would note that the Filtered P Series is rated at 230V and is intended to be panel mounted. You state that the fuses are not included.
The second item under consideration is identified as the Corcom P Series Power Entry Module, (Unfiltered P Series), Item Number 6609105-8, which consists of a molded plastic body containing a DPST power switch, a power inlet, a voltage selector with LED indication, and a fuse holder. We would note that the Unfiltered P Series is rated at 230V and is intended to be panel mounted. You state that the fuses are not included.
The third item under consideration is identified as the Corcom M Series Power Entry Module, (Unfiltered M Series), Item Number 3-6609128-4, which consists of a molded plastic body containing a power inlet, a voltage selector with LED indication, and fuse holder. We would note that the Unfiltered M Series is rated at 230V and is intended to be panel mounted. You state that the fuses are not included.
The fourth item under consideration is identified as the Corcom EF Series Filtered Inlet, (Filtered EF Series), Item Number 6609015-3, which consists of a single stage EMI filter, a female receptacle inlet, and terminals for the connector outlet. The electrical filter for this connector shunts EMI emissions to the chassis ground and does not alter or convert the electricity supplied to the panel. We would note that the Filtered EF Series connector is rated at 230V and is intended to be panel mounted.
The fifth item under consideration is identified as the Corcom EF Series Filtered Inlet, (Filtered EF Series without connectors), Item Number 6609014-8, which consists of a single stage EMI filter, a female receptacle inlet, and wire leads for the connector outlet. The electrical filter for this connector shunts EMI emissions to the chassis ground and does not alter or convert the electricity supplied to the panel. We would note that the Filtered EF Series without connectors is rated at 230V and is intended to be panel mounted.
You suggest that the Filtered P Series, the Filtered EF Series, and the Filtered EF Series without connectors are correctly classified in 8548.90.0100, Harmonized Tariff Schedule of the United States (HTSUS), according to the EMI filtering function, and provide NY Rulings N128516 and E84801 as reference. We disagree.
Note 3 to Section XVI states that machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component which performs the principal function. As noted above, the subject connectors are said to have two functions. The first is to provide an electrical connection to a panel/enclosure. The second function is to remove EMI from the supplied power to panel/enclosure. It is the opinion of this office that the principal function is the electrical connection and not the filtering of electrical interference.
Also in your request you suggest the Unfiltered P Series and the Unfiltered M Series connectors are correctly classified as panel mounted electrical connectors in 8536.69.4030, HTSUS. We disagree. As both devices consist of a plastic base having two or more apparatus of Heading 8536, they are more appropriately classified in Heading 8537, HTSUS.
The applicable subheading for the Corcom P Series Power Entry Module Item Number 5-6609107-3, the Corcom P Series Power Entry Module Item Number 6609105-8, and the Corcom M Series Power Entry Module Item Number 3-6609128-4 will be 8537.10.9170, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 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 Corcom EF Series Filtered Inlet Item Number 6609015-3 and the Corcom EF Series Filtered Inlet Item Number 6609014-8 will be 8536.69.4030, HTSUS, which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for a voltage not exceeding 1,000 V: Lamp holders, plugs and sockets: Other than lamp holders: Rack and panel connectors”. The rate of duty will be Free.
Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.01.
Products of China classified under subheading 8536.69.4030, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8536.69.4030, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 https://hts.usitc.gov/current.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division