CLA-2-85:OT:RR:NC:N2:220
Sari Hurtig
Bel Fuse Connectivity Solutions
1700 Finley Road
Lombard, IL 60148
RE: The tariff classification of connector modules from China
Dear Ms. Hurtig:
In your letter dated February 11, 2020 you requested a tariff classification ruling.
There are three electrical connectors under consideration that you refer to as integrated connector modules (ICMs). The first ICM under consideration is identified as the Stacked RJ45/USB ICM Connector (RJ45/USB ICM), PN 0862-1J1T-43-F, which is described as a combination RJ45 socket and two USB Type A sockets that are mounted together in a single connector housing. The RJ45/USB ICM consists of a toroid base assembly and a housing having two pre-assembled USB ports. The toroid base assembly is comprised of two printed circuit boards (PCBs), a contact pin block (CPB), downward facing contact terminals, and metal shielding/housing components. The two pre-assembled USB ports are mounted within a housing that also has downward facing contact terminals. Once the toroid base is mounted inside the USB port housing, the assembly forms a complete ICM, having two outward facing USB-A sockets mounted below one outward facing RJ45 socket. The Stacked RJ45/USB ICM’s downward facing contact terminals are intended to be mounted to a customer’s PCB post importation.
The second ICM under consideration is identified as the Stacked RJ45 ICM Connector (RJ45 ICM), PN 0833-2X4R-54-F, which is described as a multi-port connector having two rows of RJ45 sockets, each row having four socket connections. The RJ45 ICM is comprised of two PCBs (the center PCB and the bottom PCB), multiple toroid assemblies having one CPB per RJ45 socket, and downward facing contact terminals. You state that after the toroid assemblies are mounted to the internal PCBs, they are inserted into a housing. The assembly, as described, results in a dual row outward facing RJ45 ICM with downward facing contact terminals that are used to mount the finished RJ45 ICM to a customer’s PCB post importation.
The third ICM under consideration is identified as the 1x4 RJ45 ICM Connector (1x4 RJ45 ICM), PN 1840602-1, which is described as a multi-port connector have a single row of RJ45 sockets. The 1x4 RJ45 ICM Connector is comprised of two PCBs (the top PCB and the bottom PCB), multiple toroid assemblies having one CPB per RJ45 socket, and downward facing contact terminals. You state that after the toroid assemblies are mounted to the internal PCBs, they are inserted into a housing. The assembly, as described, results in a single row of outward facing RJ45 ICM with downward facing contact terminals that are used to mount the finished 1x4 RJ45 ICM to a customer’s PCB post importation.
In your request, you suggest the subject ICMs are properly classified as printed circuit connectors under subheading 8536.69.4040, Harmonized Tariff Schedule of the United States (HTSUS), and you state that none of the ICM RJ45/USB sockets share a common board, panel, desk, cabinet, or base. Noting CBP Rulings HQ 965320 and HQ 966044, which were issued to you for similar merchandise, we disagree.
Each of the ICMs under consideration are comprised of multiple connection apparatus of heading 8536, HTSUS, that are mounted inside a housing along with PCBs and CPB(s). The contact terminals for each of the assemblies protrude through the bottom PCB(s) while all of the sockets and connection apparatus are assembled within the housing. The finished assembly forms an electrical connection apparatus, having multiple sockets, all of which are mounted within the enclosure.
Heading 8537, HTSUS, reads in pertinent part, “[b]oards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…”. Relying upon HQ 965320 and HQ 966044, and further guidance provided in HQ 966188 regarding the standard for the plain reading of the heading text, all of the subject ICMs directly meet the description established under heading 8537, HTSUS. In addition, we would note that the heading states only that the apparatus is equipped, and it makes no distinction or requirement that the electrical connections comprised therein must share a common connection medium, such as the USB PCB being separate from the toroid PCB. As HQ 966188 obligates a plain reading of the language of heading 8537, HTSUS, we conclude that each ICM consists of a base that is equipped with two or more electrical apparatus of heading 8536, HTSUS.
The applicable subheading for the Stacked RJ45/USB ICM Connector, PN 0862-1J1T-43-F, the Stacked RJ45 ICM Connector, PN 0833-2X4R-54-F, and the 1x4 RJ45 ICM Connector, PN 1840602-1, will be 8537.10.9170, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other”. The general rate of duty will be 2.7 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8537.10.9170, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8537.10.9170, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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 the World Wide Web at https://hts.usitc.gov/current.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division