CLA-2-85:OT:RR:NC:N1:112
Maria E. Celis
Neville Peterson LLP
17 State Street – 19th Floor
New York, New York 10004
RE: The tariff classification of insulating fittings from Mexico or China
Dear Ms. Celis:
In your letter dated May 16, 2012, you requested a tariff classification ruling.
The items concerned are insulating fittings used in the production of cylindrical electrical connectors. There are four models concerned, Amphenol Aerospace Part Numbers 10-825814-15P, 10-074820-22P, 3700-023-3273 and 10-825830-08P.
Amphenol Aerospace Part # 10-825814-15P is a two piece molded plastic insulating fitting which has a diameter of 1.25 inches at its widest point and is approximately .50 inches thick. It incorporates 35 holes for the insertion of terminal pins/contacts. It is used in the manufacture of cylindrical electrical connectors.
Amphenol Aerospace Part # 10-074820-22P is a polychloroprene rubber insulating fitting. It measures approximately 1 inch in diameter at its widest point. It incorporates 3 holes with a 5/16 inch diameter and three smaller surrounding holes with a 1/8 inch diameter. The holes are used for the insertion of terminal pins/contacts. This item is used in the manufacture of electrical connectors.
Amphenol Aerospace Part # 3700-023-3273 is a polychloroprene rubber and molded plastic insulating fitting. It measures approximately 1.5 inches in diameter and 1.75 inches in length. The polychloroprene rubber portion measures approximately .50 inches in length while the molded plastic portion measures approximately 1.25 inches in length. It incorporates 46 holes for the insertion of terminal pins/contacts. It is used in the manufacture of cylindrical electrical connectors.
Amphenol Aerospace Part # 10-825830-08P is a molded plastic insulating fitting. It measures approximately .75 inches in diameter and is .50 inches thick. It incorporates 8 holes for the insertion of metal pins/contacts. It is used in the manufacture of cylindrical electrical connectors.
You proposed classification under subheading 8546.90.0000, Harmonized Tariff Schedule of the United States (HTSUS) which provides for electrical insulators of any material…other. However, it is the opinion of this office that three of the items concerned (Amphenol Aerospace Part Numbers 10-825814-15P, 3700-023-3273 and 10-825830-08P) are more specifically provided for in subheading 8547, which provides for insulating fittings for electrical machines, appliances or equipment. Amphenol Aerospace Part Number 10-074820-22P is made wholly of polychloroprene rubber. Polychloroprene meets the definition of synthetic rubber in Note 4 to Chapter 40 of the HTSUS. Section XVI note 1 (a) states that the section “does not cover…other articles of a kind used in machinery or mechanical or electrical appliances or for other technical uses, of vulcanized rubber other than hard rubber (heading 4016).” Therefore, this part cannot be classified in any of the provisions of Section XVI.
The applicable subheading for Amphenol Aerospace Part Numbers 10-825814-15P, 3700-023-3273 and 10-825830-08P will be 8547.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulating fittings for electrical machines, appliances or equipment…insulating fittings of plastics. The rate of duty will be free.
The applicable subheading for Amphenol Aerospace Part Number 10-074820-22P will be 4016.99.6050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of vulcanized rubber other than hard rubber…other. The rate of duty will be 2.5 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 heading 4016 please contact Nis Joan Mazzola at (646) 733-3023. For all other issues please contact Nis Steven Pollichino at (646) 733-3008.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division