CLA-2-85:RR:NC:1:120 L81842
Mr. Jason M. Waite
Alston & Bird LLP
601 Pennsylvania Avenue, N.W.
North Building, 10th floor
Washington, DC20004-2601
RE: The tariff classification of four components for a Water Treatment System from China
Dear Mr. Waite:
In your letter dated December 22, 2004 you requested a tariff classification ruling on behalf of your client Access Business Group International, LLC.
The merchandise under consideration is four electronic assembly components designed for use with the Quixtar eSpring Water Treatment Systems, (WTS). The components include: WSA1686, WSA2072, WSA1770, and WSA1695.
The WSA1770 is a ballast that converts AC to DC current and provides a starting voltage to illuminate a UV lamp. The applicable subheading for the WSA1770 will be 8504.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Ballasts for discharge lamps or tubes." The rate of duty will be 3 percent ad valorem.
The WSA 1695 is a device that provides starting and operating frequency power to an ultraviolet (UV) lamp. It consists of a cylinder with four contacts (sockets) on the top of it, a PVC sleeve, a coil, a switch, capacitors, a printed circuit board, an inductor, and a micromodule. The UV bulb, which is attached to the UV lamp, plugs directly into the four contacts (sockets) on the top of the WSA1695 cylinder, at which time the coil receives power from the radio frequency transformers inside the encased electronic module and transmits it to the ultraviolet bulb, thus illuminating the UV lamp.
Your letter suggested HTS 8536.69.4020, which provides for "Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…for a voltage not exceeding 1,000 V: Lamp-holders, plugs and sockets: Other: Coaxial connectors; cylindrical multicontact connectors…: Cylindrical multicontact connectors." Your letter also states that the WSA1695 is principally a connector containing four visible sockets, which a lamp plugs into, and should be considered a socket. However, based on the components within the WSA1695 and its functionality, it appears to be more than a connector or socket of subheading 8536.69.4020, because it provides power to start and maintain the operation of a UV lamp, once the UV bulb is plugged into the four sockets located on the top of the WSA1695's cylinder. This process describes the function of a ballast as found within the "Modern Dictionary of Electronics, Seventh Edition", authored by Rudolf F. Graf. The definition provided for a ballast is:
"Ballast - a device used within an electronic-discharge lamp to obtain the necessary circuit conditions (voltage, current, and waveform) for starting and operating."
Since the UV lamp receives remote frequency power from the WSA1695 and does not require additional plugs or sockets to continue the electrical circuit, it is best described as a ballast within heading 8504. As such, it is considered a "Ballast for discharge lamps or tubes", which is provided for within subheading 8504.10.00.
The applicable subheading for the WSA1695 will be 8504.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Ballasts for discharge lamps or tubes." The rate of duty will be 3 percent ad valorem.
The question of classification for WSA1686, and WSA2072 is being referred to the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229 per control number L82171. A ruling will be issued to you from that office.
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 Denise M. Faingar at (646) 733-3010.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division