CLA-2 CO:R:C:F 951242 ALS
8504.90.0050; 8506.90.0000; 8529.90.5000
Mr. Robert R. Hellman, Jr.
President
Approach, Inc.
P. O. Box 338
Southbury, CT 06488
RE: Injection Molded Plastic Components from England
Dear Mr. Hellman:
This ruling is in response to your request of February 26,
1992, as supplemented by subsequent documentary, sample and
information submissions.
FACTS:
The ruling request covers 5 injection molded plastic items
which are designed for different purposes and injection molds for
making those items. The subject items are:
1. A pager enclosure which is a two piece block enclosure,
composed of 100 percent black high-impact A.B.S. plastic, for a
belt-mounted pager, used in a restaurant. The enclosure will be
used to house the electronics, battery pack, motor, etc. of a pager
used to alert a waiter/waitress to return to the kitchen, table,
or cashier when signalled. The pager does this by vibrating and
displaying a visual indication.
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2. A charging socket enclosure which consists of 100 percent
flame retardant A.B.S. (UL 94V-0 grade). The article is used to
support the above pager when it is removed from the belt of the
wearer for charging or programming purposes.
3. A slider block which fits on the end of the carriage of
asymmetrical car lifts which are used by mechanics to lift vehicles
during inspections and repairs.
4. A 3 piece battery case composed of 100 percent high impact
black A.B.S. plastic. Once electrical contacts, wires and nickel
cadmium batteries are installed in these cases and the cases are
assembled subsequent to importation, the completed assembly is sold
as a replacement battery pack for FM transceivers.
5. Unassembled film cassette housing halves used in the
biotechnology field as light-tight containers for samples and
x-ray film during exposure. The assembled containers are used to
hold the samples which are radioactively charged. Over a period
of time the charged samples leave an image on the film. The
housing halves are made from molded high impact A.B.S. plastic or
other similar plastic.
ISSUE:
What is the tariff classification of the aforementioned molded
plastic components and molds to make such items?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's) taken in order.
GRI 1 provides that the classification is determined first in
accordance with the terms of the headings and any relative section
and chapter notes. If GRI 1 fails to classify the goods and if the
heading and legal notes do not otherwise require, the remaining
GRI's are applied, taken in order.
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In considering the information, documentation and samples
submitted with the ruling request we noted that each of the plastic
items, as imported, has been molded to a shape necessary for its
ultimate use but do not have any working components. The importer
provides these molded plastic items to its customers who, after
importation, combine these items with other components to form the
article to be marketed.
The pager enclosure is so designed and shaped that it is only
suitable for insertion of the electronic components which will
permit it to serve its ultimate purposes. Pagers are radio
reception apparatus described in heading 8527, HTSUSA. The
housings for the pagers are classifiable in subheading
8529.90.5000, HTSUSA.
The charging socket enclosure is so designed and shaped that
it is only suitable for insertion of the electronic components
which will permit it to serve its ultimate purposes. It is unclear
how the charging socket operates. It appears that the charging
socket is a static converter described in heading 8504. If so,
they are classifiable in subheading 8504.40.00, HTSUSA. Parts
thereof would be classifiable in 8504.90.0050, HTSUSA.
The slider block is a plastic block designed to fit on the
end of the carriage of a 2-post above-the-ground asymmetrical
hydraulic lift of the type used by car dealerships and service
stations to lift vehicles during inspections and repairs.
Automobile lifts are jacks described in heading 8425, HTSUSA.
Parts thereof are classifiable in heading 8431, HTSUSA, and, in
particular, subheading 8431.10.0090, HTSUSA.
The battery case is composed of 3 pieces of molded plastic
which, after importation, are assembled together with electrical
contacts, wires and nickel cadmium batteries as a replacement
battery pack for FM transceivers. Battery packs are primary
batteries described in heading 8506, HTSUSA. According to the
drawing submitted and your description of the assembly process,
the 3 pieces of molded plastic serve no function other than that
of a housing. As such, they are parts classifiable under
subheading 8506.90.0000, HTSUSA.
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The unassembled film cassettes, which are made of molded
plastic, are assembled after importation into light-tight
containers. We understand that radioactive charged samples are
placed in such cassettes which also contain film. Over a period
of time, the charge leaves an impression of the sample on the film.
There is no specific provision for film cassettes or their parts.
The cassettes are, therefore, classifiable according to their
constituent material, i.e., plastic, in heading 3926, HTSUSA and
in particular, subheading 3926.90.9090.
Injection molds for plastics are classifiable in subheading
8480.70.9090, HTSUSA, under the provision for molds for rubber or
plastics.
HOLDING:
This ruling covers 5 different injection molded plastic
components and the molds for making those items. Each of the
components is so shaped as to be dedicated for specific purposes.
Subsequent to importation other active components are added to
these molded components. Each component essentially forms the
shell of its finished article.
The plastic pager enclosure is classifiable in subheading
8529.90.5000, HTSUSA, subject to a general rate of duty of
5.9 percent ad valorem.
The plastic charging socket enclosure is classifiable in
subheading 8504.90.0050, HTSUSA, and subject to a general rate of
duty of 3 percent ad valorem.
The plastic slider block is classifiable in 8431.10.0090,
HTSUSA, subject to a general rate of duty of 2 percent ad valorem.
The plastic battery case is classifiable in 8506.90.0000,
HTSUSA, and subject to a general rate of duty of 5.3 percent ad
valorem.
The plastic film cassette is classifiable in subheading
3926.90.9090, HTSUSA, and subject to a general rate of duty of
5.3 percent ad valorem.
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Injection molds designed to form the aforementioned plastic
articles are classifiable in subheading 8480.71.9010, HTSUSA, and
subject to a general rate of duty of 3.9 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings division