CLA-2 CO:R:C:G 084411 VEA
Homi Kerawalla, Traffic Manager
International Rectifier Corp.
233 Kansas Street
EL Segundo, California 90245
RE: NYRL 836990 affirmed. solid state device, which has two
or more thyristors or rectifier junctions encapsulated in a
plastic isolated housing.
Dear Mr. Kerawalla:
Your letter of March 31, 1989, requests reconsideration
of a New York ruling dated March 3, 1989 (File 836990), which
classified power modules in subheading 8504.40.0025 of the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise consists of a solid state device, which
has two or more thyristors or rectifier junctions encapsulated
in a plastic isolated housing. The device has the specific
function of rectifying alternating current to direct current
while controlling large amounts of power.
Our New York office classified the device in subheading
8504.40.0025 as rectifiers and rectifying apparatus. You
disagree with this classification claiming that the articles
should be classified as diodes in subheading 8541.10.00, or as
thyristors, diacs, and triacs, other than photosensitive
devices in subheading 8541.30.00. You state that heading 8504
is not the appropriate heading for classifying these articles,
because it applies to a complete apparatus that utilizes
rectifier components, not to the rectifier or SCR components
themselves.
ISSUE:
Whether power modules are rectifiers and rectifying
apparatus classified in heading 8504, or in heading 8541,
HTSUSA.
- 2 -
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's), the legal
principles by which merchandise is classified, govern
classification under the HTSUSA. GRI 1, states in part, that
the primary consideration in determining whether merchandise
should be classified in a heading should be given to the
language of the heading and to any relevant chapter or section
notes. The headings at issue in this case, 8504 and 8541
provide:
8504 Electrical transformers, static converters (for
example, rectifiers) and inductors: parts
thereof:
8504.40.00 Static converters
* * * * * * * * * * *
8541 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:
According to the language of 8504, classification in
that heading requires that the article be an electrical
transformer; static converter, for example, rectifier or
rectifying apparatus; or inductor. The IEEE Standard
Dictionary of Electrical and Electronics defines a static
converter as a unit that employs static switching devices such
as metallic controlled rectifiers, transistors, electronic
tubes, or magnetic amplifiers.
The Explanatory Notes for heading 8504 state that the
apparatus of this group are used to convert electrical energy
in order to adapt it for further use. They may also
incorporate various auxiliary devices (e.g. transformer,
induction coils, resistors, command regulators, etc.) Their
operation is based on the principle that the converting
elements act alternatively as conductors and non-conductors.
- 3 -
This group includes rectifiers, by which alternating current
(single or polyphase) is converted to direct current, generally
accompanied by a voltage change.
The article at issue is a rectifying apparatus and is
specifically described in heading 8504. Your submission states
that it consists of two or more rectifying junctions
encapsulated in a plastic isolated housing, which has the
function of rectifying alternating current into direct current
at high power. Your argument that these articles cannot be
described in heading 8504 because it applies to complete
apparatus that utilize rectifier components and not to the
rectifier or SCR components themselves, is without merit. The
language of heading 8504 states that it applies to static
converters. Rectifiers or rectifying apparatus are listed as
types of static converters included in this heading.
HOLDING:
Power modules are rectifying apparatus classified in
heading 8504, subheading 8504.40.0025, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division