CLA-2 CO:R:C:M 089276 CMS
Mr. Al Wyckoff
Charles A. Redden, Inc.
Hemisphere Center
Route 1 & 9 South
Newark, NJ 07114
RE: Glass Electronic Packages; Hermetic Metal Cases; Hybrid
Integrated Circuits; Leads; Parts; Printed Circuits
Dear Mr. Wyckoff:
Your request on behalf of General Ceramics, Inc., dated
February 22, 1991, for a classification ruling on certain
integrated circuit packages has been referred by the Regional
Commissioner of Customs, New York, to Customs Headquarters
for a reply.
FACTS:
The merchandise is described in the product brochure as
"microcircuit packages". The articles consist of cases made of
Kovar (an iron, nickel and copper alloy) plated with nickel or
nickel and gold. The cases may be imported with lids. External
electrical leads are attached to the casings with "glass to
metal" technology. Some of the casings described in the brochure
as "Power Packages" have beryllia or molybdenum bases onto which
conductor elements are printed. After importation, integrated
circuits are fitted into the casings and the casings are
hermetically sealed.
ISSUE:
Is the merchandise classified in Heading 8534 as printed
circuits, or as parts of integrated circuits in Heading 8542?
LAW AND ANALYSIS:
The Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) provides that the classification of articles
is governed by the General Rules of Interpretation (GRI's).
-2-
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 8534 describes printed circuits. Chapter 85 Note 4
provides that "[f]or the purposes of heading 8534 "printed
circuits" are circuits obtained by forming on an insulating base,
by any printing process...conductor elements, contacts, or other
printed components...alone or interconnected according to a pre-
established pattern..." (emphasis in original).
The "Power Packages" under consideration which contain
beryllia or molybdenum bases printed with conductor elements are
described by Heading 8534 and are classified as printed circuits
in 8534.00.00, HTSUSA. The remaining packages do not contain
printed conductor elements or other printed components and are
not described by Heading 8534 as printed circuits.
The packages which do not have printed conductor elements or
other printed components are described by Heading 8542 as parts
of integrated circuits. These packages are classified as parts
of printed circuits in 8542.90.00, HTSUSA.
HOLDING:
The "Power Packages" which contain a beryllia or molybdenum
base printed with conductor elements are classified as printed
circuits in 8534.00.00, HTSUSA.
The packages which do not have printed conductor elements or
other printed components are classified as parts of printed
circuits in 8542.90.00, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division