CLA-2 RR:CR:GC 965320 BJB
Port Director
U.S. Customs Service
605 West 4th Avenue, Room 205
Anchorage, AK 99501
RE: Protest 3195-01-100180; Printed circuit board connector; Multiple connector modules
Dear Port Director:
This is our decision regarding Protest 3195-01-100180, filed by counsel on behalf of Bel Fuse Inc. (“protestant”) concerning the classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of certain printed circuit board connectors. In preparing this decision, consideration was given to counsel’s memorandum in support of the protest of July 5, 2001, and telephone conferences of July 30 and 31, 2002, with a member of my staff.
FACTS:
The subject entry was filed on December 19, 2000, and was liquidated on April 27, 2001. The protest was filed on July 5, 2001. The entry contained ten different models of connectors. Samples and descriptions were provided for three of the ten model numbers. No samples, descriptions, schematics, or specifications were provided for any of the other seven articles.
The three samples submitted are described as follows:
Model 0810-1X1T-03 (“item 1”), contains a single RJ-45 connector.
Model 0810-1X4T-03 (“item 2”), contains four RJ-45 connectors. It is described as a “multiple connector module;” and
Model 0812-1X1T-03 (“item 3”), contains three connectors, one RJ-45 connector, and two USB connectors.
Each of the three subject articles is fitted with multiple metal pins to enable it to be plugged into or permanently mounted on a printed circuit board, e.g., by surface mounting.
Based upon the information provided, when the mounted prongs of each connector base assembly mate with the matching sockets in an electrical circuit, they and their base assembly make a connection to or in an electrical circuit. The multiple prongs of each of the base assemblies match corresponding holes or contacts in a printed circuit board.
At entry, protestant classified the merchandise under subheading 8471.80.10, HTSUS, as “[a]utomatic data processing machines and units thereof; … Other units of automatic data processing machines: Control or adapter units.”
On April 27, 2001, Customs liquidated 9 of the 10 articles in the entry under subheading 8537.30.90, HTSUS, as “[b]oards, panels, etc., equipped with two or more apparatus of heading 8535 or 8536[.]” The tenth article was liquidated under subheading 8536.69.80, HTSUS, as: “Electrical apparatus ... for making connections to or in electrical circuits ... for a voltage not exceeding 1,000 V: ... Lamp-holders, plugs and sockets: ... Other: ... Other.”
On October 9, 2001, Customs amended its position (provided on Customs Form 6445A), determining that the merchandise is classifiable under subheading 8536.69.80, HTSUS, which provides for “[e]lectrical apparatus for switching or protecting electrical circuits, or 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: Lamp-holders, plugs and sockets: Other: Other[.]”
Protestant now seeks that all 10 articles be reliquidated under subheading 8536.69.40, HTSUS, as “Electrical apparatus ... for making connections to or in electrical circuits ... for a voltage not exceeding 1,000 V: ... Lamp-holders, plugs and sockets: ... Other: ... printed circuit connectors[.]”
Protestant claims that the voltage of the three samples submitted, one connector and two multiple connector modules, is less than 1000 volts.
ISSUE:
What is the tariff classification of the subject connectors under the HTSUS?
LAW AND ANALYSIS:
We note initially that the protest was timely filed under the statutory and regulatory provisions for protests, 19 U.S.C. 1514(c)(3)(A) and 19 CFR 174.12(e)(1).
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRI’s”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied.
The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the EN’s provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. Customs believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).
The HTSUS provisions under consideration are as follows:
8536 Electrical apparatus for switching or protecting electrical circuits, or 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:
Lamp-holders, plugs and sockets:
8536.69 Other:
8536.69.40 Coaxial connectors; cylindrical multicontact connectors; rack and panel connectors; printed circuit connectors; ribbon or flat cable connectors . . .
8536.69.80 Other
* * * * *
8537 Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity ... :
8537.10 For a voltage not exceeding 1,000 V:
Other.
( ( ( ( (
Heading 8536 provides, in pertinent part, for “[e]lectrical apparatus for switching or protecting electrical circuits, or 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[.]”
Plugs and sockets are described in heading 8536 EN (III)(A)(1) as follows:
“(III) Apparatus For Making Connections To Or In Electrical Circuits
This apparatus is used to connect together the various parts of an electrical circuit. It includes:
Plugs, sockets and other contacts for connecting a movable lead or apparatus to an installation which is usually fixed. This category includes:
Plugs and sockets (including those for connecting two moveable leads).
A plug may have one or more pins or side contacts which match corresponding holes or contacts in the socket. The rim of one of the pins may be used for earthing purposes.” (Emphasis in the original.)
As noted above, when the subject multiple mounted prongs of each connector base assembly are inserted into the matching sockets in an electrical circuit, they make a connection to or into the circuit. The specifications provided demonstrate that each of the samples is used for attachment to, or permanent mounting on, a printed circuit board.
Item 1, model 0810-1X1T-03, has contact pins and a singular connector port, meeting the description of heading 8536, HTSUS. Customs position on the classification of printed circuit connectors was addressed in a number of Headquarters Rulings (“HQ”), including: HQ 964504, dated October 25, 2001, HQ 964462, dated October 22, 2001, and HQ 964555, dated October 18, 2001. In those rulings, Customs determined that electrical connectors with a singular port, capable of being plugged into or permanently mounted on a printed circuit board, e.g., by surface mounting, were classifiable under subheading 8536.69.40, HTSUS. Accordingly, we incorporate the relevant LAW AND ANALYSIS sections of HQs 964555 and 964462 into this decision as they are dispositive of the classification of a single port printed circuit connector.
At GRI 1, item 1 is classifiable under subheading 8536.69.40, HTSUS, which provides, in pertinent part, for “[e]lectrical apparatus ... for making connections to or in electrical circuits ... for a voltage not exceeding 1,000 V: ... Lamp-holders, plugs and sockets: ... Other: ... printed circuit connectors[.]”
However, items 2 and 3, respectively models 0810-1X4T-03 and 0812-1X1T-03, have multiple connectors in each module assembly. Each of the connectors in these modules is used for a separate and independent purpose. They are, therefore, distinguishable from the singular port connector of item 1.
EN 85.37 provides, in pertinent part, as follows: “[t]hese consist of an assembly of apparatus of the kind referred to in the two preceding headings, (e.g., switches and fuses) on a board, panel, console, etc., or mounted in a cabinet, desk, etc. . . .. The goods of this heading vary from small switchboards with only a few switches, fuses, etc. (e.g., for lighting installations) to complex control panels for machine tools . . .including assemblies of several of the articles cited in the text of this heading.”
Protestant claims that items 2 and 3 do not meet the descriptive terms of heading 8537, HTSUS, as they are not mounted on, or permanently attached to, a printed circuit board at the time of importation. Although these multiple connector modules are not connected to a printed circuit board at the time of entry, they do contain a base or board within their housings. The multiple connectors are affixed to a base. Thus, by including a base or board with multiple connectors, the goods meet the description of “[b]oards and panels . . .and other bases,” provided within the text of heading 8537. Moreover, in HQ 964504, and HQ 964555, supra., Customs considered singular port printed circuit connectors that were imported without printed circuit boards attached as classifiable under heading 8536, HTSUS.
Items 2 and 3 have multiple RJ-45 connectors, item 2 having both RJ-45 connectors and a USB connector, each used for completing an independent electrical circuit for a separate purpose and function. Thus, they constitute an assembly of two or more sockets or apparatus of heading 8536.
In HQ 964608, dated April 18, 2001, Customs addressed the classification of multiple connectors in a single unit or module. In that decision Customs determined that an assembly of multiple video jacks described as “panel connectors of [a] patch panel” were classifiable under subheading 8537.10.90, as having two or more apparatus of heading 8535 or 8536[.]” Accordingly, we incorporate the relevant LAW AND ANALYSIS section of HQ 964608 into this decision as it is dispositive of the classification of connectors of subheading 8536.69, HTSUS, with multiple jacks, sockets, or ports.
At GRI 1, items 2 and 3 are multiple connector modules classifiable in heading 8537, specifically, under subheading 8537.10.90, HTSUS, as: “[b]oards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity ... : For a voltage not exceeding 1,000 V: ... Other.”
We note that the rate of duty for subheading 8536.69.40, HTSUS, for
item 1, is less than the rate of duty for subheading 8536.69.80, HTSUS, the provision under which it was liquidated. However, the rate of duty for subheading 8537.10.90, HTSUS, is the same as that for subheading 8536.69.80, HTSUS, the provision under which items 2 and 3 were liquidated.
HOLDING:
At GRI 1, item 1, the single port RJ-45 connector, is classifiable under subheading 8536.69.40, HTSUS, as: “[e]lectrical apparatus ... for making connections to or in electrical circuits ... for a voltage not exceeding 1,000 V: ... Lamp-holders, plugs and sockets: ... Other: ... printed circuit connectors[.]”
At GRI 1, items 2 and 3, the multiple connector modules, are classified in subheading 8537.10.90, HTSUS, as: “[b]oards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity ... : For a voltage not exceeding 1,000 V: ... Other.”
Since the rate of duty under the classification indicated above for item 1, is less than the rate for the provision under which the article was liquidated, subheading 8536.69.80, HTSUS, and the rate of duty for items 2 and 3, is the same as the liquidated rate, you are instructed to ALLOW the protest IN PART, and DENY the protest IN PART.
Wherein no material information or descriptions were provided for the other 7 articles part of the subject entry and protest, you are instructed, as to these 7 articles, to DENY the protest in FULL.
In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.treas.gov, by means of the Freedom of Information Act, and other methods of public distribution.
Sincerely,
Myles B. Harmon, Acting Director
Commercial Rulings Division