CLA-2-85:OT:RR:NC:N2:220
Robert Grasing
Sandler, Travis & Rosenberg P.A.
24 Smith St.
Pawling, NY 12564
RE: The tariff classification of molded switch parts from China
Dear Mr. Grasing:
In your letter dated February 12, 2020 you requested a tariff classification ruling on behalf of your client, BCS Automotive Interface Solutions.
The first item under consideration is identified as the Button Pack Assembly, Part No. 14180400, which is described as an assembly of injection molded plastic buttons incorporating molded light pipes that form the external cover of an automobile climate control panel. You state that the panel does not incorporate switches, but instead the individual buttons in the Button Pack Assembly would align with switches mounted on a separately imported printed circuit board assembly (PCBA). Once installed onto the PCBA, users interact with the individual buttons, which are marked with various controls of the vehicle, in order to actuate the switch.
The second item under consideration is identified as the Knob Assembly, Part No. 1702844501, which is described as an assembly consisting of two injection molded plastic parts assembled together into a push-pull style operating knob. Once attached to the switch, users interact with the push-pull knob in order to actuate the switch.
The third item under consideration is identified as the DT Knob Chrome, Part No. 1702191504, which is described as an assembly consisting of three injection molded plastic parts that forms a pushbutton style operating knob. Once attached to the switch, users interact with the pushbutton knob in order to actuate the switch.
The fourth item under consideration is identified as the Keypad, Part No. 1700642101, which is described as a compression molded silicone switch pad that contains carbon impregnated contacts. You state that the Keypad does not incorporate switches and is not a complete keypad, but that the contacts are designed to align with switches mounted on a separately imported PCBA. Once aligned and mounted to the PCBA, the Keypad serves as an operating mechanism for the individual switches.
In your request, you suggest the Button Pack Assembly, the Knob Assembly, the DT Knob Chrome, and the Keypad are classifiable under subheading 8538.90.6000, Harmonized Tariff Schedule of the United States (HTSUS). As each of the aforementioned parts are molded components for use with electrical switches of heading 8536 or switch assemblies of heading 8537, we agree with your suggested classification.
The applicable subheading for the Button Pack Assembly, Part No. 14180400, the Knob Assembly, Part No. 1702844501, the DT Knob Chrome, Part No. 1702191504, and the Keypad, Part No. 1700642101 will be 8538.90.6000, HTSUS, which provides for molded parts suitable for use solely or principally with the apparatus of heading 8535, 8536, or 8537. The general rate of duty will be 3.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8538.90.6000, HTSUS, unless specifically excluded, are subject to an 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 8538.90.6000, HTSUS, listed above.
In your request, you also suggest that the four electrical parts satisfy an exclusion provision pertaining to products classified under subheading 8538.90.6000 and are eligible to claim the secondary tariff number of subheadings 9903.88.06 and 9903.88.11, HTSUS. With regard to this 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 March 25, 2018 Federal Register (see 84 FR 11152 “Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation”) and July 9, 2019 Federal Register (see 84 FR 32821 “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. Both 84 FR 11152 and 84 FR 32821 state, 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 exclusion under consideration for the Knob Assembly, Part No. 1702844501, and the DT Knob Chrome, Part No. 1702191504, as published on the Federal Register Annex enumeration (27), is provided for under Section XXII, Chapter 99, Subchapter III U.S. Note 20(i), HTSUS, as follows:
(i) 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:
(27) Knobs of injection molded plastics (described in statistical reporting number 8538.90.6000)
The exclusion under consideration for the Button Pack Assembly, Part No. 14180400, and the Keypad, Part No. 1700642101, as published on the Federal Register Annex enumeration (92), is provided for under Section XXII, Chapter 99, Subchapter III U.S. Note 20(n), HTSUS, as follows:
(n) 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:
(92) Molded buttons (described in statistical reporting number 8538.90.6000)
Based on the pertinent facts, we find that the Knob Assembly, Part No. 1702844501, and the DT Knob Chrome, Part No. 1702191504, are accurately described under U.S. Note 20(i)(27) and are afforded the exclusion under 9903.88.06, HTSUS. Additionally, the Button Pack Assembly, Part No. 14180400, and the Keypad, Part No. 1700642101 are accurately described under U.S. Note 20(n)(92) and are afforded the exclusion under 9903.88.11, HTSUS.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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