CLA-2-85:OT:RR:NC:N2:220 Francisco Boo Metalor Technologies Route des Perveuils 8 2074 Marin-Epagnier Switzerland     RE:  The tariff classification of silver-based electrical contacts from China Dear Mr. Boo: In your letter dated September 7, 2018 you requested a tariff classification ruling. The items under consideration are referred to as silver-based electrical contacts. Each electrical contact is constructed of copper-based alloy with an electrical contact pad is constructed of silver. You state that these contacts are used in your precious metals-based assemblies such as: circuit breakers; switches; contactors; relays; and fuses. In your request, you suggest that the silver-based electrical contacts are correctly classified as pats for electrical apparatus in subheading 8538.90, Harmonized Tariff Schedule of the United States (HTSUS). We agree with this suggested classification to the sixth digit. The applicable subheading for the silver-based electrical contacts will be 8538.90.8140, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Other: Other: Other: Metal contacts. The general rate of duty will be 3.5% ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative 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.  For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710).  Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) 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 subheading 9903.88.01.

Products of China classified under subheading 8538.90.8140, 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 8538.90.8140, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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