CLA-2 CO:R:C:M 951513 CMS
Mr. Joseph De La Luz
Vice-President, Customs
Ericsson Network Systems, Inc.
730 International Parkway
Richardson, TX 75081
RE: Diode Units For Telephonic Switching Equipment; Filter;
Fuse; Circuit Breakers; Apparatus For Protecting Electrical
Circuits; Pre-Entry Classification Ruling 844202, Modified
Dear Mr. De La Luz:
It has come to our attention that Customs Pre-Entry
Classification Ruling 844202 (September 20, 1989) was issued to
you concerning the classification of a product described as a
Diode Unit BMF 630 005/11. We have recently received a more
detailed description of the product. This HQ Ruling will modify
Ruling 844202 to classify the product according to the more
precise product description.
FACTS:
The merchandise is described in product literature a "Diode
unit BMF 630 005/11". The product is an assembly containing at
least one filter for eliminating radio interference, a 315 A main
fuse, a choke for reducing ripple, three parallel power diodes, a
printed circuit board assembly for supervising the function of
the unit, and three circuit breakers. Attached to the front of
the unit are light emitting diodes (LED's) for indicating (1)
"On" status, (2) "Diode Failure" status, (3) "Fuse Failure"
status and (4) "Control Circuit Fuse" status. The unit allows
current of less than 1,000 V to pass in one direction from a DC
power source to sensitive telephonic equipment. The unit
prevents capacitors from discharging on momentary voltage
decrease along the low-ohmic load. This enables the capacitors
to maintain the voltage level across the transient-sensitive
load.
-2-
ISSUE:
Is the merchandise classified as a diode in Heading 8541,
Harmonized Tariff Schedule of the United States (HTSUS), or as
electrical apparatus for protecting electrical circuits in
Heading 8536, HTSUS?
LAW AND ANALYSIS:
The HTSUS provides that the classification of articles is
governed by the General Rules of Interpretation (GRI's). GRI 1
states in pertinent part that "...classification shall be
determined according to the terms of the headings and any
relative section or chapter notes...".
Heading 8541 in part describes diodes. Heading 8536 in
part describes electrical apparatus for protecting electrical
circuits.
The product under consideration may contain diodes, but as a
whole it is an assembly which also contains a filter for
eliminating radio interference, a 315 A main fuse, a choke for
reducing ripple, a printed circuit board assembly for supervising
the function of the unit, and three circuit breakers.
The Harmonized Commodity Description and Coding System
Explanatory Notes to Heading 8536, p. 1390, provide that Heading
8536 covers circuit protecting apparatus such as fuses and
devices for breaking circuits. The Diode Unit BMF 630 005/11
incorporates fuses, circuit breakers and other components that
function as an assembly to protect circuits in telephonic
apparatus.
The Diode Unit BMF 630 005/11 prevents capacitors from
discharging on momentary voltage decrease along the low-ohmic
load. This enables the capacitors to maintain the voltage level
across the transient-sensitive load.
The Diode Unit BMF 630 005/11 is described in Heading 8536
as "Electrical apparatus for...protecting electrical circuits...
for a voltage not exceeding 1,000 V: Other apparatus for
protecting electrical circuits", and is classified in subheading
8536.30.00, HTSUS.
Customs Pre-Entry Classification Ruling 844202 (September
20, 1989) is modified to provide that the Diode Unit BMF 630
005/11 is classified as "Electrical apparatus for...protecting
electrical circuits...for a voltage not exceeding 1,000 V: Other
apparatus for protecting electrical circuits", in subheading
8536.30.00, HTSUS.
-3-
HOLDING:
Customs Pre-Entry Classification Ruling 844202 (September
20, 1989) is modified to provide that the Diode Unit BMF 630
005/11 is classified as "Electrical apparatus for...protecting
electrical circuits...for a voltage not exceeding 1,000 V: Other
apparatus for protecting electrical circuits", in subheading
8536.30.00, HTSUS, currently subject to a Column 1 rate of duty
of 5.3% ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division