HQ 0081745 - Tariff classification of a certain anti-static wristband - United States International Trade Commision Rulings

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HQ 081745

April 6, 1988

CLA-2:CO:R:C:G 081745 PAM 827611

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.80.90

Mr. Steven A. Hite
Managing Director
Addventures Marketing Limited
10329 S. 1540 W.
Salt Lake City, Utah 84065

RE: Tariff classification of a certain anti-static wristband

Dear Mr. Hite:

Your letter of January 7, 1988, requesting a ruling on a cer- tain anti-static wristband from Japan has been forwarded to Head- quarters for disposition. Our ruling on this merchandise follows.

FACTS:

The sample submitted for analysis (which was never actually received by this office) is referred to as a hand tooled proto- type, made from a plastic wristwatch case, of a device designed to eliminate static electric charges from the human body. You state that: "[t]he configuration of the end product will only change slightly in that there will be a different design on the face plate." The wristband will consist of a plastic housing with a metal plate backing, a condenser used to absorb a certain percentage of a static electric charge and a fiber with excep- tional static electric discharge properties.

ISSUE:

Whether this wristband qualifies as an electrical article by virtue of its function in collecting, storing and dissipating the charge of static electricity generated by human bodies.

LAW AND ANALYSIS:

Subheading 8543.80.90 of the Harmonized Tariff Schedule of the United States (HTSUS) provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: other. In order to be classified under this subheading the wristbands must perform an electrical function. In addition to performing an electrical function, these wristbands cannot be more specifically provided for under a different provision of the HTSUS.

When this wristband is worn by an individual the metal plate backing rests against the wrist and acts as an electrical conduc- tor. Static charge is conducted by this plate to a condenser lo- cated flush against the metal plate backing on the inside of the plastic housing. This condenser acts as a capacitor by tempo- rarily storing the electric charge. This charge is eventually dissipated into the ambient atmosphere through numerous holes in the plastic housing. Dispersion of the charge is accomplished because of the conductive nature of a fiberous disc surrounding the condenser.

HOLDING:

In view of the foregoing, the applicable HTSUS subheading is 8543.80.90 which provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: other, with duty at the rate of 3.9 percent ad valorem.

The applicable item number from the Tariff Schedules of the United States (TSUS) is 688.42 which provides for other electri- cal articles and electrical parts of articles, not specially pro- vided for elsewhere in the TSUS. The duty rate is 3.9 percent ad valorem.

Sincerely,

John Durant

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