CLA-2 CO:R:C:M 088124 AJS
District Director
U.S. Customs Service
Port of Seattle
909 First Ave.
Room 2039
Seattle, WA 98174
RE: Protest No. 3001-90-000162; cable adapter; pin adapter; cable
set; Heading 8544; Explanatory Note 85.44; Subheading 8544.41.00;
Subheading 8536.69.00; Subheading 8536.90.00; Explanatory Note
85.36 (III).
Dear District Director:
Protest for further review number 3001-90-000162 dated
01/30/90, was filed against the classification of a cable
adapter, 9-25 pin adapter and UMA cable set.
FACTS:
The articles at issue consist of a cable adapter, 9-25 pin
adapter and a UMA cable set. They will be used to make an
electrical connection between a computer mouse and computer.
The cable adapter consists of a cable with a four pin
connector on one end and a six pin connector on the other end.
These connectors are used to conduct electrical signals between a
mouse and computer.
The pin adapter is an encased plastic device with a 25 pin
female connector at one end and a 9 pin male connector at the
other. It also is used to connect a mouse and computer.
The cable set is a packet of three cable adapters.
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ISSUE:
Whether the cable adapter is properly classifiable within
subheading 8544.41.00, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for electric
conductors, for a voltage not exceeding 80 V, fitted with
connectors; or classifiable within subheading 8473.30.40, HTSUSA,
which provides for parts and accessories of the machines of
heading 8471 which do not incorporate a cathode ray tube.
Whether the pin adapter is properly classifiable within
subheading 8536.90.00, HTSUSA, which provides for other
electrical apparatus for making connections to or in electrical
circuits; or classifiable within subheading 8536.69.00, HTSUSA,
which provides for plugs and sockets; or classifiable within
subheading 8473.30.40, HTSUSA.
Whether the cable set is properly classifiable within
subheading 8544.41.00, HTSUSA, or within subheading 8473.30.40,
HTSUSA.
LAW AND ANALYSIS:
Heading 8544, HTSUSA, provides for insulated electric
conductors whether or not fitted with connectors. This heading
covers insulated electric cable and other conductors used as
conductors in electrical machinery, apparatus or installations.
Explanatory Note (EN) 85.44. This cable remains classified in
this heading if cut to length or fitted with connectors (e.g.,
plugs, sockets, lugs, jacks, sleeves or terminals) at one or both
ends. EN 85.44. Plugs and sockets are devices for connecting a
moveable lead or apparatus to an installation which is usually
fixed. EN 85.36. Plugs assembled with a length of wire are
excluded from heading 8536, HTSUSA, and are instead classifiable
within heading 85.44, HTSUSA. The cable adapter and cable set
satisfy the terms of this heading. They are insulated electric
conductors fitted with connectors (i.e., plugs) which are used to
conduct electricity from a computer mouse to a computer. More
specifically, they satisfy the terms of subheading 8544.41.00,
HTSUSA, which provides for electric conductors used for a voltage
not exceeding 80 V and fitted with connectors.
Heading 8536, HTSUSA, which provides for "[e]lectrical
apparatus . . . for making connections to or in electrical
circuits (for example, switches, relays, fuses, surge
suppressors, plugs, sockets, lamp-holders, junction boxes), for a
voltage not exceeding 1,000 V." These apparatus are used to
connect various parts of an electrical circuit. EN 85.36 (III).
As stated previously, plugs and sockets are devices for
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connecting an apparatus to an installation which is usually
fixed. A plug may have one or more pins or side contacts
which match corresponding holes or contacts in the socket. The
pin adapter satisfies the terms of this heading. It is a device
for making a connection between a computer mouse and computer.
More specifically, plugs and sockets are provided for within
subheading 8536.69.00. The pin adapter satisfies the terms of
this subheading and is classifiable therein. Based on this fact,
consideration for classification of the pin adapter within
subheading 8536.90.00, HTSUSA, as other apparatus is not
necessary.
Heading 8473.30.40, HTSUSA, provides for parts and
accessories of the machines of heading 8471 which do not
incorporate a cathode ray tube. Parts which are goods included
in any of the headings of Chapter 84 and 85 are in all cases to
be classified in their respective headings. Section XVI, note
2(a). As stated previously, the subject articles are included
within either headings 8544 or 8536, HTSUSA. Therefore, the
application of legal note 2(a) precludes the subject articles
from classification as a part and accessory within heading 8473,
HTSUSA.
The fact that plugs and sockets are devices which may be
used with the machines of heading 8471 is supported by their
technical description. In relation to computers, plugs and
sockets are described as physical connectors used to link
together all variety of electronic devices (most commonly used
for interconnecting computers to peripheral devices and
communications networks). Alan Freedman, The Computer Glossary
4th ed., 540 (1989). The subject articles are used to connect a
computer to a peripheral device (i.e., mouse). However, while
plugs and sockets are devices which may be used as parts and
accessories of computers, legal note 2(a) precludes them from
classification as such.
General Interpretative Rule (GRI) 1 provides that "classifi-
cation shall be determined according to the terms of the headings
and any relative section or chapter notes." Counsel for the
protestant argues that the adapters are "more than" an insulated
electric conductor fitted with connectors. Instead, counsel
claims that these adapters are connectors as well as adapters.
Counsel states that an "adapter" is a "device for connecting
parts that will not mate. An accessory to convert a device to a
new or modified use." IEEE Standard Dictionary of Electrical and
Electronic Terms, at 10 (1977). All three adapters are used for
making connections in electrical circuits. The process of making
any type of connection necessarily requires that the connectors
be adapted for use with each other. Therefore, the adaption
function in this instance does not impart any type of dual
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function to the connectors. Furthermore, the subject adapters
satisfy the terms of either headings 8544 or 8536, HTSUSA, and
are precluded from classification within heading 8473, HTSUSA, by
the application of a relative section note. Accordingly, the
question of whether or not the adapters are "more than"
connectors or conductors fitted with connectors is resolved by
the application of GRI 1.
Counsel additionally argues that the adapters have more
value to the user as an adapter than simply a connector. We do
not find this consideration to be determinative in this case.
The subject connector makes a connection in an electrical
circuit. The subject insulated conductors fitted with connectors
conduct electricity between a mouse and a computer. These types
of devices are specifically provided for within the terms of
headings 8536 and 8544, HTSUSA, respectively. GRI 1 requires
classification to be determined by this consideration. There-
fore, the value to the user in this case is not determinative for
tariff classification purposes.
HOLDING:
The cable adapter and cable set are properly classifiable
within subheading 8544.41.00, HTSUSA, which provides for
insulated electric conductors for a voltage not exceeding 80 V
and fitted with connectors.
The pin adapter is properly classifiable within subheading
8536.69.00, HTSUSA, which provides for "[e]lectrical apparatus .
. . for making connections to or in electrical circuits ( for
example . . . plugs . . . ), for a voltage not exceeding 1,000 V:
other."
Since partial reclassification of the merchandise as
indicated above would result in no net duty reduction, you are
instructed to deny the protest in full. A copy of this letter
should be attached to the Customs Form 19 Notice of Action and
forwarded to the protestant.
Sincerely,
John Durant, Director
Commercial Rulings Division