CLA-2 CO:R:C:G 087044 JMH
Mr. Nic Wildeboer
General Manager-New Markets Development
Schott Electronics, Inc.
42 Silvermine Road
Seymour, CT 06483
RE: Glass sleeves for diodes
Dear Mr. Wildeboer:
Your request for a classification ruling under the
Harmonized Tariff Schedule of the United States Annotated
("HTSUSA") for certain glass sleeves to be used with diodes has
been referred to this office for a reply.
FACTS:
The articles in questions are glass sleeves used as housings
for diodes. The glass sleeves are imported from West Germany by
Schott Electronics.
The dimensions of the sleeves will vary depending upon the
type of diode to be housed. You state that O.D.'s run between
.200" down to .060". I.D.'s run from .130" down to .033", with
lengths running from .200"down to .060". You also state that the
material used would be Schott's numbers 8541 or 8532 glass.
You assert that Schott's customers will insert loose diode
assemblies into the sleeves. The sleeves are then heated until
they partially melt and fuse around the loose diode assemblies.
The pieces are then cooled to room temperature. The glass sleeve
provides each diode with structural strength and electrical
integrity.
ISSUE:
Whether the glass sleeves are parts of the diodes so to be
classified within heading 8541, HTSUSA.
-2-
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes...and...according to the
following provisions..."
You believe that the glass sleeves should be classified
within heading 8541. This heading describes the following:
8541 Diodes, transistors and similar semiconductor
devices...whether or not assembled in modules
or made up into panels...parts thereof...
8541.90.00 Parts...
This heading is within Section XVI, Chapter 85, HTSUSA.
According to GRI 1, both the Section and Chapter notes must be
examined. You state that Chapter 85, Note 5, HTSUSA, requires
that heading 8541 takes precedence over any other heading for the
classification of diodes. This assertion is correct. However,
the glass sleeves are not diodes, but are only parts of diodes.
Section XVI, Note 2, HTSUSA, addresses the classification
procedure for parts of the articles within the Chapter 85
headings. Section XVI, Note 2(b), HTSUSA, states:
...parts of machines...are to be classified according
to the following rules:
(a) Parts which are goods included in any of the
headings of chapters 84 and 85 (other than
headings 8485 and 8548) are in all cases to be
classified in their respective headings;
(b) Other parts, if suitable for use solely or
principally with a particular kind of machine, or
with a number of machines of the same heading
(including a machine of heading 8479 or 8543) are
to be classified with the machines of that kind.
However, parts which are equally suitable for use
principally with the goods of headings 8517 and 8525
to 8528 are to be classified in heading 8517;
(c) All other parts are to be classified in heading
8485 or 8548.
-3-
Section XVI, Note 5, HTSUSA provides that "machine" is "any
machine, machinery, plant, equipment, apparatus or appliance
cited in the headings of chapter 84 or 85."
The glass sleeves cannot be classified under Section XVI,
Note 2(a), HTSUSA, since they are not covered by any other
headings of Chapters 84 or 85. The sleeves are principally or
solely used with diodes, under Section XVI, Note 2(b), HTSUSA.
Thus they are classifiable within heading 8541. However, in
order to be classified within chapter 85, they must not be
excluded from classification by Chapter 85, Note 1, HTSUSA.
Chapter 85, Note 1(b), HTSUSA, excludes from classification
within Chapter 85 "[a]rticles of glass of heading 7011..."
Heading 7011, HTSUSA, describes "[g]lass envelopes (including
bulbs and tubes), open, and glass parts thereof, without
fittings, for electric lamps, cathode-ray tubes or the like..."
To determine what is meant by "or the like" of this heading, the
Explanatory Notes to the HTSUSA must be examined. The
Explanatory Notes, although not dispositive, are to be looked to
for the proper interpretation of the HTSUSA. 54 Fed. Reg.
35127, 35128 (August 23, 1989).
Explanatory Note 70.11(A), Harmonized Commodity Description
and Coding System ("HCDCS") states that heading 7011 covers glass
envelopes used for the manufacture of electric lamps, X-ray
tubes, radio valves, cathode-ray tubes, rectifier valves and
other electronic tubes or valves. Explanatory Note 70.11, HCDCS,
Vol. 3, p. 935. Through a manufacturing process, these glass
products are made into the items of Chapter 85.
It is the opinion of this office that the glass sleeves in
question are glass envelopes within the meaning of heading 7011.
They are, therefore, excluded from classification within Chapter
85. The appropriate classification for the glass sleeves is
within subheading 7011.90.00, HTSUSA, as "[g]lass envelopes
(including bulbs and tubes), open, and glass parts thereof,
without fittings, for electric lamps, cathode-ray tubes or the
like...[o]ther..."
HOLDING:
The glass sleeves to be used with diodes are parts of
diodes, in accordance with Section XVI, Note 2(b), HTSUSA.
However, the sleeves are excluded from classification in Chapter
85 by Chapter 85, Note 1(b), HTSUSA, since the glass sleeves are
glass articles under heading 7011, HTSUSA.
-4-
The proper classification for the glass sleeves in
subheading 7011.90.00, HTSUSA, as "[g]lass envelopes (including
bulbs and tubes), open, and glass parts thereof, without
fittings, for electric lamps, cathode-ray tubes or the
like...[o]ther..."
Sincerely,
John Durant, Director
Commercial Rulings Division