CLA-2-85:OT:RR:NC:N2:220
Steven Zisser
Zisser Customs Law Group
9355 Airway Rd
San Diego, CA 92154
RE: The tariff classification of contact pins from Switzerland and Mexico
Dear Mr. Zisser:
In your letter dated December 19, 2023, you requested a tariff classification ruling on behalf of your client, Carlisle Interconnect Technologies.
The two items under consideration are referred to as Contact Pins and Matching Sockets, which are described as formed copper alloy electrical pins that are fitted/inserted into electrical sockets, connectors, and other types of electrical connections. The Contact Pins are constructed of copper alloy in the form of male type contact, while the Matching Sockets are constructed of copper alloy and are in the form of a female type contact. The contact pins and sockets are rated at less than 1,000 V.
In your letter, you provide two configurations for each Contact Pin and Matching Socket. In the first configuration, you refer to the items as blank copper pins having no electrical properties because they have not received their annealing, electroplating, and striping processes prior to importation into the United States. The Contact Pins and Matching Sockets for the first configuration are said to be manufactured in Switzerland.
In the second configuration, you state that the Contact Pins and Matching Sockets are imported after having received their annealing, electroplating, and striping processes, and are therefore capable of conducting electricity. The Contact Pins and Matching Sockets for the second configuration are said to be manufactured in Mexico.
As noted in your request letter, NY Ruling Letters N115811 and N187857 addressed similar merchandise and classified contact pins and sockets under subheading 8536.90.4000, Harmonized Tariff Schedule of the United States (HTSUS). However, you suggest that the subject Contact Pins and Matching Sockets in the first configuration cannot conduct electricity because of the lack of annealing, electroplating, and striping, and as a result should be classified under subheading 8538.90.8140, HTSUS. We disagree.
You describe the annealing process as a heat treatment that enhances ductility and reduces hardness, making the contact material more malleable for crimping. You describe the electroplating as coating on the contact surface to prevent oxidation and wear. And lastly, you describe the striping as a process of applying color bands/stripes to the contact that provides a visual indication of the contact’s characteristics. While the three processes described enhance and/or provide surface protection to the contacts, we are of the opinion that the contacts, as noted in both configurations and being constructed of a copper alloy and stamped/formed into a male and corresponding female electrical contact, conduct electricity and are appropriately described as terminals. See NY N115811.
The applicable subheading for the Contact Pin and Matching Socket for both configurations will be 8536.90.4000, 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…: Other apparatus: Terminals, electrical splices and electrical couplings…” The general rate of duty will be Free.
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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