CLA-2-85:OT:RR:NC:N2:220

Nate Kenworthy
WAGO Corporation
N120 W19129 Freistadt Rd
Germantown WI 53022

RE: The tariff classification of electrical connectors from China

Dear Mr. Kenworthy:

In your letter dated August 29, 2018 you requested a tariff classification ruling.

The merchandise under consideration is identified as Board-to-Board Link, PN 2060-952, which is comprised of a silver-plated copper pin with an insulating carrier of molded plastic. The Board-to-Board Link functions as an electrical connector which electrically interconnects two printed circuit board assembles.

In your request you suggest the Board-to-Board Link is properly classified as an article of plastic in subheading 3926.90.9990, Harmonized Tariff Schedule of the United States, (HTSUS). We disagree. To be classified under the subheading of 3926.90.9990, an article must meet two criteria, it must be an article of plastic that is classifiable under Chapter 39 and not be provided for more specifically elsewhere. As this article is classifiable under heading 8536, the subheading of 3926.90.9990 would not be applicable.

The applicable subheading for the Board-to-Board Link, PN 2060-952, 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 rate of duty will be 1.3 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). 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.

Products of China classified under subheading 8536.90.8585, HTSUS, unless specifically excluded, are subject to the 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.

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 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 karl.moosbrugger@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division