CLA-2 CO:R:C:G 085540 AJS
Mr. Robert Blanc
Associate General Counsel
General Instruments Corporation
125 Chubb Avenue
P.O. Box 617
Lyndhurst, NJ 07071-0617
RE: Bridge Rectifier Diodes
Dear Mr. Blanc:
Your letter of July 28, 1989, requesting a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), has been referred to this office for
reply.
FACTS:
The article in question is the series KBPC6 Bridge Rectifier
Diode (BRD). The BRD consists of four discrete rectifier diodes
or cells connected together and mounted in a housing to form a
full wave rectifier. Each of the four diodes is a two terminal
device with a single p-n junction which allows current to pass in
one direction. BRDs are used in a wide variety of consumer and
industrial products, such as power supplies, personal computers
and associated equipment (i.e., printers and monitors).
ISSUE:
Whether the article in question is classifiable within
subheading 8541.10.00, HTSUSA, which provides for "[d]iodes,
other than photosensitive or light emitting diodes."; or within
subheading 8504.40.00, HTSUSA, which provides for static
converters.
-2-
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes.
Heading 8541, HTSUSA, provides for diodes. Diodes are
described as semiconductor devices, the operation of which
depends on variations in resistivity on the application of an
electric field. Chapter 85, Note 5(a). Explanatory Note
85.41(A)(I) states that "[d]iodes which are two terminal devices
with a single p-n junction; they allow current to pass in one
direction (forward) but offer a very high resistance in the
other (reverse). They are used for detection, rectification,
switching, etc. The main types of diodes are signal diodes,
power rectifier diodes, voltage regulator diodes, voltage
reference diodes."
The diodes contained in the BRD are each two terminal
devices which possess a single p-n junction that allows current
to pass in one direction. However, the BRD itself is not a two
terminal device with a single p-n junction which allows current
to pass in one direction. Instead, the BRD is composed of four
of these two terminal devices which pass current in two
directions. Therefore, the BRD does not satisfy the description
of a diode within the terms of heading 8541.
Heading 8504, HTSUSA, provides for static converters. EN
85.04(II) states that "[t]he apparatus of this group [static
converters] are used to convert electrical energy in order to
adapt it for further use. They incorporate converting elements
(e.g., valves) of different types. They may also incorporate
various auxiliary devices (e.g., transformers, induction coils,
resistors, command regulators, etc.). Their operation is based
on the principle that the converting elements act alternately as
conductors and non-conductors." Furthermore, this group includes
"rectifiers by which alternating current (single or polyphase) is
converted to direct current, generally accompanied by a voltage
change." Your letter states that each of the BRDs contain four
rectifier diodes. In addition, you state that all of these BRD
devices are used for the same function and that is to transfer
energy from alternating current to direct current. Thus, the
BRDs perform the specific function of rectifiers and are
therefore classifiable as a type of static converter within
heading 8504.
-3-
HOLDING:
The article in question is classifiable within subheading
8504.40.00, HTSUSA, which provides for static converters dutiable
at the rate of 3.0 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division