CLA-2-85:OT:RR:NC:N1:109
Ms. Thalia Theodoratos
Corp. Import/Export Coordinator
Hitachi America, Ltd.
50 Prospect Avenue
Tarrytown, NY 10591
RE: The tariff classification of an electromagnetic interference (EMI) filter and a noise filter from Japan
Dear Ms. Theodoratos:
In your letter dated October 15, 2010 you requested a tariff classification ruling.
The merchandise subject to this ruling is an electromagnetic interference (EMI) filter and a noise filter. Specifically an NF-CEH7 electromagnetic interference (EMI) filter and a ZCL-B40 noise filter. Samples of each of these filters were submitted and are being returned to you.
The EMI filter and the noise filter are circuits that incorporate two or more components. They will be used in Hitachi’s line of variable frequency drives, also know as inverters, to aid in the safe and efficient operation of the inverters. However, both the NF-CEH7 and ZCL-B40 filters are generic types of filters that are used in a variety of equipment.
The NF-CEH7 electromagnetic interference (EMI) filter reduces conducted noise on the power supply wiring generated by an inverter. It is installed only on the input side of an inverter on the wiring from a power supply to an inverter. The EMI filter works by presenting a higher resistance to higher frequency content, which in turn, restricts the flow of high frequency signals.
The ZCL-B40 noise filter is a radio frequency interference filter that helps reduce radiated noise from the wiring of an inverter. It is installed in both the input (wiring from power supply to inverter) and output (wiring from inverter to a motor) sides of an inverter. The noise filter works by absorbing and dissipating radio frequency energy from the conductors that pass through its core.
Explanatory Note (EN) 8548 (B) states:
“This heading also includes all electrical parts of machinery or apparatus, other than:
Those suitable for use solely or principally with a particular machine or appliance.”
Although you have indicated that Hitachi will use the EMI filter and the noise filter with inverters, EMI filters are electrical devices which are used in various types of electronic equipment to reduce energy. This energy is often radiated along the power line and enters the sensitive digital circuitry of electric equipment, thereby causing interference and possible component damage. EMI filters are designed to allow AC power to pass while forming a barrier to energy above a given design level. This serves to maintain interference within acceptable limits. Noise filters are similar to EMI filters in that they generally reduce an undesirable disturbance in an electrical circuit of various types of electronic equipment. As such, EMI filters and noise filters meet the terms of heading 8548 because they do not have a sole or principal use with a particular machine or appliance, but rather their uses are with multiple types of machines or appliances, specifically electronic equipment.
The applicable subheading for the NF-CEH7 electromagnetic interference (EMI) filter and the ZCL-B40 noise filter will be 8548.90.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical parts of machinery or apparatus , not specified or included elsewhere in this chapter: Other.” The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division