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HQ 086766


June 25, 1990

CLA-2 CO:R:C:G AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.69.00; 8473.30.40

Mrs. Debbie Dixon
Distribution Supervisor
Amphenol Canada Corp.
20 Melford Drive
Scarborough, Ontario
Canada, M1B2X6

RE: Filtered RF Connectors

Dear Mrs. Dixon:

This letter is in response to your request of March 14, 1990 for reconsideration of ruling letter NY 848803 (January 26, 1990)

FACTS:

The articles in question are the 456-102 TNC and 456-107 BNC filtered RF connectors. They are used to provide capacitive decoupling between the connector's body and mounting panel. This decoupling allows electromagnetic interference (EMI) emissions to be shunted from the coaxial shield to the chassis ground. The filtering process does not effect the signal, but only the shield-to-ground connection.

Filtered RF connectors are capable of applications with computers, telephone equipment, industrial controllers and other areas where the circuitry is subject to EMI emissions.

ISSUE:

Whether the articles in question are classifiable within subheading 8536.69.00, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "[e]lectrical apparatus . . . for making connections to or in electrical circuits . . . for a voltage not exceeding 1,000 V: [o]ther.";
or within subheading 8473.30.40 which provides for parts and accessories of automatic data processing (ADP) machines not incorporating a cathode ray tube.

LAW AND ANALYSIS

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes.

Subheading 8473.30.40, HTSUSA, provides for parts and accessories of ADP machines. You claim that the articles in question are used with ADP machines and therefore should be classifiable as a part and accessory of an ADP machine. However, parts which are goods included in any of the headings of chapters 84 and 85 are in all cases to be classified in their respective headings. Section XVI, Note 2(a). This conclusion is warranted even if the part is specially designed to work as part of a specific machine. Section XVI General EN (II). Therefore, the fact that the filter connectors at issue are designed to work with ADP machines does not preclude them from classification within heading 8536. If they are described by the terms of another heading within chapters 84 or 85 they are classifiable in that heading.

Heading 8536, HTSUSA, provides for electrical apparatus for making connections to or in electrical circuits for a voltage not exceeding 1,000 V. These apparatus are used to connect together the various parts of an electrical circuit. Explanatory Note (EN) 85.36(III). The filter connections in question satisfy this description. They are used for making connections in electrical circuits and to filter out EMI in these connections. More specifically, they are described by the terms of subheading 8636.69.00 which provides for other connectors. Based on the fact that the articles in question are described by the terms of heading 8536, they cannot be classified as a part of an ADP machine.

HOLDING:

Upon reconsideration we conclude that the filter connectors in question are properly classifiable within subheading 8536.69.00, HTSUSA, which provides for electrical apparatus for making connections to or in electrical circuits, dutiable at the rate of 5.3 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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