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HQ 087044


May 21, 1990

CLA-2 CO:R:C:G 087044 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 7011.90.00

Mr. Nic Wildeboer
General Manager-New Markets Development
Schott Electronics, Inc.
42 Silvermine Road
Seymour, CT 06483

RE: Glass sleeves for diodes

Dear Mr. Wildeboer:

Your request for a classification ruling under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA") for certain glass sleeves to be used with diodes has been referred to this office for a reply.

FACTS:

The articles in questions are glass sleeves used as housings for diodes. The glass sleeves are imported from West Germany by Schott Electronics.

The dimensions of the sleeves will vary depending upon the type of diode to be housed. You state that O.D.'s run between .200" down to .060". I.D.'s run from .130" down to .033", with lengths running from .200"down to .060". You also state that the material used would be Schott's numbers 8541 or 8532 glass.

You assert that Schott's customers will insert loose diode assemblies into the sleeves. The sleeves are then heated until they partially melt and fuse around the loose diode assemblies. The pieces are then cooled to room temperature. The glass sleeve provides each diode with structural strength and electrical integrity.

ISSUE:

Whether the glass sleeves are parts of the diodes so to be classified within heading 8541, HTSUSA.

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...and...according to the following provisions..."

You believe that the glass sleeves should be classified within heading 8541. This heading describes the following:

8541 Diodes, transistors and similar semiconductor devices...whether or not assembled in modules or made up into panels...parts thereof...

8541.90.00 Parts...

This heading is within Section XVI, Chapter 85, HTSUSA. According to GRI 1, both the Section and Chapter notes must be examined. You state that Chapter 85, Note 5, HTSUSA, requires that heading 8541 takes precedence over any other heading for the classification of diodes. This assertion is correct. However, the glass sleeves are not diodes, but are only parts of diodes.

Section XVI, Note 2, HTSUSA, addresses the classification procedure for parts of the articles within the Chapter 85 headings. Section XVI, Note 2(b), HTSUSA, states:

...parts of machines...are to be classified according to the following rules:

(a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8485 and 8548) are in all cases to be classified in their respective headings;

(b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517;

(c) All other parts are to be classified in heading 8485 or 8548.

Section XVI, Note 5, HTSUSA provides that "machine" is "any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of chapter 84 or 85."

The glass sleeves cannot be classified under Section XVI, Note 2(a), HTSUSA, since they are not covered by any other headings of Chapters 84 or 85. The sleeves are principally or solely used with diodes, under Section XVI, Note 2(b), HTSUSA. Thus they are classifiable within heading 8541. However, in order to be classified within chapter 85, they must not be excluded from classification by Chapter 85, Note 1, HTSUSA.

Chapter 85, Note 1(b), HTSUSA, excludes from classification within Chapter 85 "[a]rticles of glass of heading 7011..." Heading 7011, HTSUSA, describes "[g]lass envelopes (including bulbs and tubes), open, and glass parts thereof, without fittings, for electric lamps, cathode-ray tubes or the like..." To determine what is meant by "or the like" of this heading, the Explanatory Notes to the HTSUSA must be examined. The Explanatory Notes, although not dispositive, are to be looked to for the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989).

Explanatory Note 70.11(A), Harmonized Commodity Description and Coding System ("HCDCS") states that heading 7011 covers glass envelopes used for the manufacture of electric lamps, X-ray tubes, radio valves, cathode-ray tubes, rectifier valves and other electronic tubes or valves. Explanatory Note 70.11, HCDCS, Vol. 3, p. 935. Through a manufacturing process, these glass products are made into the items of Chapter 85.

It is the opinion of this office that the glass sleeves in question are glass envelopes within the meaning of heading 7011. They are, therefore, excluded from classification within Chapter 85. The appropriate classification for the glass sleeves is within subheading 7011.90.00, HTSUSA, as "[g]lass envelopes (including bulbs and tubes), open, and glass parts thereof, without fittings, for electric lamps, cathode-ray tubes or the like...[o]ther..."

HOLDING:

The glass sleeves to be used with diodes are parts of diodes, in accordance with Section XVI, Note 2(b), HTSUSA. However, the sleeves are excluded from classification in Chapter 85 by Chapter 85, Note 1(b), HTSUSA, since the glass sleeves are glass articles under heading 7011, HTSUSA.

The proper classification for the glass sleeves in subheading 7011.90.00, HTSUSA, as "[g]lass envelopes (including bulbs and tubes), open, and glass parts thereof, without fittings, for electric lamps, cathode-ray tubes or the like...[o]ther..."

Sincerely,

John Durant, Director
Commercial Rulings Division

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