Mr. Gordon C. Anderson
G.H. Robinson Worldwide, Inc.
8855 Columbine Rd., Suite 400
Eden Prairie, MN 55347-4148
RE: The tariff classification of Outlet Adaptors and Surge Protectors from China.
Dear Mr. Anderson:
In your letter dated November 30, 2004, on behalf of your client Power Sentry Inc. you requested a tariff classification ruling.
The merchandise under consideration consists of two plug adaptors and two plug adaptors with surge protectors. Samples of the plug adaptors were submitted with your ruling request and will be returned to you.
The two plug adaptors are identified as the “6 Outlet Space Saver Adaptor”, Model #100601 and the “6 Outlet Adapter Transformer-Ready”, Model #100496. The 6 Outlet Space Saver Adaptor consists of an insulated rectangular housing measuring approximately 3” wide by 4½” high and is 1½” deep with a three-prong polarized plug in the back and 3 three-prong polarized electrical sockets on each side. In use, this adapter is inserted into a typical wall duplex receptacle adapting it to accept up to 6 three-prong polarized electrical plugs, 3 plugs on each side. With this side-only design, furniture is allowed to sit closer to a wall saving floor space. The 6 Outlet Adapter Transformer-Ready is also an insulated housing that measures approximately 4” wide by 5” high and is 1¾” deep with a three-prong polarized plug in the back. In use, this adapter is inserted into a typical wall duplex receptacle. This adapter has a special three-sided design allowing it to accept up to 6 AC/DC appliance transformers, 2 transformers on each side and 2 on the front. Both plug adaptors are rated at 125V/15A/1875Watts. This type of adaptor is manufactured as a single apparatus and function as such. They permit electrical connection into a single electrical circuit.
The two plug adaptors with surge protectors are identified as the “Home Electronics Surge Protector”, Model #1120 Joules/100226 and the “Small Appliances Surge Protector”, Model #100603. The Home Electronics Surge Protector consists of an insulated rectangular housing measuring approximately 5” wide by 4” high and is 1¼” deep with a three-prong polarized plug in the back and five three-prong polarized electrical sockets on the front with a surge protection indicator light. In use, this adapter is inserted into a typical wall duplex receptacle adapting it to accept up to five three-prong polarized electrical plugs and providing surge protection with its built in Power Blocker Automatic Shutdown Technology and EMI/RFI noise filtration. The Small Appliances Surge Protector is a small insulated rectangular housing with a space saving design measuring approximately 2½” wide by 1½” high and is 1½” deep with a three-prong polarized plug in the back, and ground and protection indicator lights on the front. This surge protector will accept up to three three-prong polarized plugs, one on each side and the third on the bottom. The Small Appliances Surge Protector features surge protection as well as EMI/RFI noise filtration. Both the Home Electronics and Small Appliances Surge Protectors are rated at 125V/15A/1875Watts.
In your letter you suggest classification for the Home Electronics and Small Appliances Surge Protectors under 8536.69.8000 as other plugs and sockets. The Harmonized Commodity Description and Coding System Explanatory Notes ("ENs") constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTS and are generally indicative of the proper interpretation of these headings. The ENs to Section XVI, 85.37 describes the scope of this heading and provides examples of the types of merchandise that are covered. The goods of this heading consist of an assembly of apparatus of the kind referred to in the two preceding headings (e.g., plugs, sockets and surge protectors) on a board, panel, console, etc. The Home Electronics and Small Appliances Surge Protectors clearly contain two apparatus of the preceding heading mounted within a common housing and are therefore more specifically provided for in heading 8537.
The applicable subheading for the 6 Outlet Space Saver Adaptor and the 6 Outlet Adapter Transformer-Ready will be 8536.69.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example…plugs, sockets…), for a voltage not exceeding 1,000 V: Lamp-holders, plugs and sockets: Other: Other.” The rate of duty will be 2.7 percent ad valorem.
The applicable subheading for the Home Electronics and Small Appliances Surge Protectors will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.
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 Eileen S. Kaplan at 646-733-3016.
Robert B. Swierupski