CLA-2-85:OT:RR:NC:N2:220
James Bohannon
TR Fastenings Inc
10811 Vinecrest Drive
Houston, TX 77086
RE: The tariff classification of an electrical test point from China
Dear Mr. Bohannon:
In your letter dated August 2, 2022, you requested a tariff classification ruling.
The merchandise under consideration is referred to as a test point sleeve (test point), which is described as a round brass alloy electrical contact measuring 0.437" in diameter by 0.630" in length. The top of the test point is cupped, and the bottom has four electrical contacts that are used to mount to a printed circuit board by soldering. In use, the test point allows for a connection point within a circuit to obtain an electrical signal or measurement.
In your request, you suggest the test point is classifiable under subheading 8473.30.2000, Harmonized Tariff Schedule of the United States (HTSUS). As the test point is not principally used with an/or part of an automatic data processing (ADP) machine and/or a unit of ADP, we disagree.
The applicable subheading for the test point sleeve will be 8536.90.8585, HTSUS, which provides for "Electrical apparatus…for making connections to or in electrical circuits…for a voltage not exceeding 1,000 V: Other apparatus: Other: Other." The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8536.90.8585, 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 8536.90.8585, HTSUS, listed above.
The articles in question may be eligible for an exclusion from the Section 301 tariffs, however, that determination will be made independently of the tariff classification ruling. For further information on admissibility, please contact your assigned Customs Center of Excellence & Expertise office prior to importation of the goods.
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, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
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