CLA-2-85:OT:RR:NC:N2:220
Jose Castro
Alps Electric North America, Inc
7100 S. International Parkway Suite 100
McAllen, TX 78503
RE: The tariff classification and applicability of Section 301 trade remedy of automotive electrical switches from China
Dear Mr. Castro:
In your letter dated June 13, 20019 you requested our office issue a determination on the application exclusion annotated in Chapter 99 Note 20 (m)(72), Harmonized Tariff Schedule of the United States.
You submitted three items for consideration which are identified as Push-Pull Switches, Model Numbers SANHD3010A, SANWG3A028A, and SANAD4483B. Model SANHD3010A, which consists of a molded plastic knob, a case, a wafer, and a connector PCB, is described as a push-pull power window switch used to open/close the window of an automobile. Model SANWG3A028A, which consists of a molded plastic knob, a case, and a connector PCB, is described as a push-pull switch used to active the emergency parking brake of an automobile. Model SANAD4483B, which consists of a molded plastic knob, a case, and a connector PCB, is described as a rocker push-pull switch used to lock/unlock the door of an automobile. Each of these switches have a plastic body with push-pull switch action and are embossed with the vehicle feature they are intended to be connected to, such as the door lock/unlock symbol or the parking symbol. The switches, which you state are manufactured in China, are rated at 12 VDC.
As an initial matter, you suggest the subject electrical switches are classifiable under 8536.50.9065, HTSUS, and cite N092528 as representative guidance on this matter. We agree.
The applicable subheading for the Push-Pull Switches, Model Numbers SANHD3010A, SANWG3A028A, and SANAD4483B will be 8536.50.9065, HTSUS, which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches…), for a voltage not exceeding 1,000 V: Other switches: Other: Other: Other.” The general rate of duty will be 0.6 percent ad valorem.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) 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. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). See also “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, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) 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 the aforementioned Chapter 99 subheadings.
Per the above, products of China that are subject to the additional 25 percent ad valorem rate of duty and at the time of importation, unless specifically excluded, must report the applicable Chapter 99 subheading, i.e., 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04, HTSUS, in addition to subheading 8536.50.9065, HTSUS, listed above.
With regard to your request for an exclusion from the additional duties pursuant to Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS, we would note that the exclusions annotated in the June 4, 2019 Federal Register (see 84 FR 25895 “Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation”) apply to importers of merchandise meeting a specific description, even when they are neither the requestor of the exclusion nor if their products are those that were reviewed for the exclusion. 84 FR 25895 states, in pertinent part:
In accordance with the July 11 notice, the exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion.
The applicable exclusion for the subject electrical switches, as published on the Federal Register Annex enumeration (72), is specifically provided for under Section XXII, Chapter 99, Subchapter III U.S. Note 20(m), HTSUS, as follows:
(m) The U.S. Trade Representative determined to establish a process by which particular products classified in heading 9903.88.01 and provided for in U.S. notes 20(a) and 20(b) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.01. See 83 Fed. Reg. 28710 (June 20, 2018) and 83 Fed. Reg. 32181 (July 11, 2018). Pursuant to the product exclusion process, the U.S. Trade Representative has determined that the additional duties provided for in heading 9903.88.01 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:
(72) Push-pull switches, for a voltage not exceeding 1,000 V, designed for use in motor vehicles (described in statistical reporting number 8536.50.9065)
Based on the pertinent facts, we find that the Push-Pull Switches, Model Numbers SANHD3010A, SANWG3A028A, and SANAD4483B, are accurately described and are afforded the exclusion under 9903.88.10, HTSUS.
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 the 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