CLA-2-85:OT:RR:NC:1:110
Mr. D. Moyles
Ampco Manufacturers Inc.
#101-9 Burbidge Street
Coquitlam, BC V3K 7B2
Canada
RE: The tariff classification of membrane switch assemblies from Canada.
Dear Mr. Moyles:
In your letter dated February 19, 2010 you requested a tariff classification ruling.
Under consideration are three membrane switch assemblies described as Part Number 115551, Part Number 99-5816-01, and Part Number 450-000319. All three membrane switch assemblies are printed circuits mounted onto a thin, flexible board with graphic overlays that provides push-button switches, and have an adhesive backing designed to be incorporated into the control panels of various types of equipment. Samples of these items were submitted with your ruling request and will be returned to you.
Part Number 115551 is trapezoidal in shape and measures approximately 2? inches wide by 2? inches long at its widest points. It features three push-button switches and 9 LED (light emitting diode) indicator lights. This membrane switch assembly also incorporates a 4-inch flat ribbon cable, at the end of which is a 14-pin flat ribbon connector.
Part number 99-5816-01 is rectangular in shape, measuring approximately 10 inches wide by 7 inches long, and provides 9 push-button switches, as well as a series of transparent windows designed to fit over a display screen and twenty LED indicator lights. It features a 2-inch flat ribbon cable with a 6-pin connector.
Part number 450-00319 is also rectangular and measures approximately 1¾ inches wide by 4 inches long with a ¾ inch flat ribbon connecting lead. This assembly features a grid of 4 push-button switches and a single LED indicator light.
In your ruling request you suggest classification of the membrane switch assemblies in heading 8534.00, Harmonized Tariff Schedule of the United States (HTSUS) as printed circuits. However, the three samples are beyond the scope of a printed circuit of heading 8534, HTSUS. The term “printed circuits” under Chapter 85, Note 5, states in part that this heading does not cover circuits combined with elements other than those obtained during the printing process with the exception of being fitted with non-printed connecting elements. You also suggest classification of the assemblies in heading 8536.50, HTSUS, as other switches. However, these three assemblies are not individual switches; they are control panels incorporating multiple switches, leads, and connectors. Classification in headings 8534 or 8536, HTSUS, is precluded.
The applicable subheading for the membrane switch assemblies, Part Number 115551, Part Number 99-5816-01, and Part Number 450-000319 will be 8537.10.9070, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.
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 http://www.usitc.gov/tata/hts/.
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 Thomas Campanelli at (646) 733-3016.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division