CLA-2 CO:R:C:G 085027 TLS
Phillip Yale Simons, Esq.
Freeman, Wasserman & Schneider
90 John Street
New York, New York 10038
RE: Classification of thyristor modules
Dear Mr. Simons:
Your letter of May 30, 1989 to our New York office
requesting a ruling on the classification of thyristor modules
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) has been referred to this office for a reply.
FACTS:
The thyristor module consists of six thyristor elements
connected in a series, heatsinks, a voltage divided circuit, and
electric "firing" circuitry. The components are mounted on a
frame of epoxy resin and aluminum. The six thyristors are
separated by the heatsinks and are joined end to end to form a
column in the center of the module. The module itself is 1200mm
long by 900mm wide. You have furnished pictures of the module
which illustrate how the thyristors are positioned within it.
The modules are designed to allow flow of electrical current
in one direction and therefore have rectifying capabilities. In
its capacity to rectify, the module also allows for conversion of
alternating current (AC) to direct current (DC).
ISSUE:
Under which of the following HTSUSA headings is the
thyristor module properly classifiable:
8541, HTSUSA, covering diodes, transistors and similar
semiconductor devices; photosensitive semiconductor devices,
including photovoltaic cells whether or not assembled in modules
or made up into panels; light-emitting diodes; mounted
piezoelectric crystals; parts thereof;
8504, HTSUSA, covering electrical transformers, static converters
(for example, rectifiers) and inductors; parts thereof.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRIs) govern
classification of articles under the HTSUSA. GRI 1 requires that
classification be determined according to the terms of the
headings and any relative section or chapter notes. There is no
question that the thyristor module is covered in chapter 85 as
electrical machinery and/or equipment. You contend that the
module cannot function as rectifying apparatus because it must
be connected with other machinery to perform this function.
Instead, you maintain that the module functions as a
semiconductor gate to switch between reverse and forward voltage
polarity. It is also maintained that the six thyristors are
actually operating individually and therefore do not comprise an
apparatus. Thyristors are specifically provided for under
heading 8541 but thyristor modules are not.
It is our position that the thyristor module is more than
just a series of thyristors with semiconductor capacity. The
thyristors represent only a part of the entire module, albeit a
substantial part. They are integrated with other components to
make up the entire module and therefore cannot be said to stand
alone in their collective function. As such, they comprise an
"apparatus" as that term has been defined by the Court of
International Trade and the Customs Court. An apparatus is a
combination of articles and materials which are intended for a
specific use. The Deseret Co. v. United States, C.I.T. ,
slip op. 86-93 (Sept. 17, 1986); Lenkurt Electric Co. v. United
States, 63 Cust. Ct. 463, 467-68, CD 3937 (1969). The intended
use in this case is the conversion of the electrical current as
it passes through the rectifier. There is no doubt that the
module is a vital component in this process. Thus, the thyristor
module is more like an integrated circuit or a microassembly than
a semiconductor device and as such cannot be classified under
heading 8541.
The Explanatory Notes (EN), although not dispositive, should
be looked to for the proper interpretation of the HTSUSA. See 54
Fed. Reg. 35127, 35128 (August 23, 1989). The EN for heading
8504 provide a more specific description of the module than does
any reference under heading 8541. Explanatory Note 8504
(II)(D)(1)(a) explains that among the electrical static
converters covered under this heading are semiconductor
converters based on the one-way conductivity between certain
crystals, including monocrystalline semiconductor rectifiers
using, as a converting element, a device containing silicon or
germanium crystals, such as a thyristor. The thyristor module
meets this description and is therefore properly classifiable
under heading 8504.
You have raised the question of whether or not disposition
of the present case is controlled by our recent decisions in HQ
084660 and HQ 084659. In HQ 084660, we ruled that Darlington
transistors are properly classifiable under heading 8541, HTSUSA,
as transistors. In HQ 085659, various transistor modules were
also classified under 8541 as transistors. We do not find those
rulings relevant to our discussion here, however. We distinguish
the thyristor module from the articles at issue in those cases
because the transistors operate in conjunction with three or four
terminals while the thyristor module operates in integration with
other rectifying circuitry. Therefore, we do not find rulings HQ
084660 and HQ 084659 to be controlling in this case.
HOLDING:
The thyristor module is classified under subheading
8504.40.00, HTSUSA, as a static converter.
Sincerely,
John Durant, Director
Commercial Rulings Division