HQ 0087794 - Black Box units most specifically described as electrical apparatus for switching electrical circuits for a voltage not exceeding 1000 V. GRI 3(a), electrical switches. - United States International Trade Commision Rulings

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HQ 087794

October 10, 1990

CLA-2 CO:R:C:G 087794 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.50.00

Ms. Joanne Thompson
Export Regulations Administrator
International Sales
Black Box Corporation
P.O. Box 12800
Pittsburgh, PA 15241

RE: Black Box units most specifically described as electrical apparatus for switching electrical circuits for a voltage not exceeding 1000 V. GRI 3(a), electrical switches.

Dear Ms. Thompson:

Your July 31, 1990, request for a classification ruling under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA")for certain electrical switches was referred to this office for a reply.

FACTS:

The article in question is the Black Box to be imported from Canada and Taiwan by the Black Box Corporation of Pittsburgh, Pennsylvania. The Black Box is exactly that, a black box. Its internal components include female multi-pin connectors at one end of the box, a switch at the other end, a circuit board with the necessary contacts between the connectors and the switch, and a ribbon-type insulated electrical conductor that attaches to the connectors and the switch. The Black Box has a two or four position rotary switch on the exterior front panel. The box is used to connect and conduct electrical energy to compatible automatic data processing units -- terminals, printer, modems, etc.

You state that you have been exporting the Black Box under subheading 8473.30., HTSUSA, as "Parts and accessories...suitable for use solely or principally with machines of headings 8469 to 8472...Parts and accessories of the machines of heading 8471..." However, upon importation into the United States the Black Box is being classified in subheading 8536.50.00, HTSUSA, as "Electrical
apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plug, sockets, lamp- holders, junction boxes), for a voltage not exceeding 1,000 V...Other switches..."

ISSUE:

Whether the Black Box is classified in subheading 8473.30.80, HTSUSA, as "Parts and accessories...suitable for use solely or principally with machines of headings 8469 to 8472...Parts and accessories of the machines of heading 8471...Other...", or in subheading 8536.50.00, HTSUSA, as "Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plug, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V...Other switches..."

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..." The headings in contention are headings 8473 and 8536, HTSUSA. The terms of these headings describe the following:

8473 Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472...

8536 Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plug, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V...

You believe that the Black Box meets the terms of heading 8473. To be classified in heading 8473 the Black Box must meet be (1) a part or accessory of automatic data processing machines ("ADPs") (but not a cover, carrying case or the like), (2) suitable for use principally or solely with ADPs, and (3) ADPs must be classified in headings 8469, 8470 or 8471.

Heading 8473 describes "parts" and "accessories." Parts are items which are necessary or integral to the functioning of the unit. Accessories are items which enhance or supplement the function of an article. The Black Box is used to make the operation of ADP components more efficient. It is not necessary to the functioning of ADP components. Therefore, the Black Box is an accessory of ADPs. The descriptive literature indicates that the Black Box is designed for use at least principally and possibly solely with ADPs. Automatic data processing units (ADPs) are classified in subheading 8471, HTSUSA, one the headings referred to by heading 8473. Thus, the terms of heading 8473 are met.

Upon importation the Black Box has been classified under heading 8536. You believe that since the switch on the front panel of the Black Box is rotated manually that the Black Box is not an "electrical apparatus" within the terms of heading 8536. However, the Explanatory Notes to the HTSUSA indicate that heading 8536 describes "electrical apparatus" as apparatus capable of conducting electricity through circuitry. Both manual and automatic switches are included in this heading. Explanatory Note 85.36, Harmonized Commodity Description and Coding System ("HCDCS"), Vol. 4, p. 1389. 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).

Furthermore, a switch for electrical systems is "a device for opening and closing or for changing the connection of a circuit. I.E.E.E. Standard Dictionary of electrical and Electronics Terms, p. 694 (1977). The Black Box is used to open, close or change electrical circuits of a voltage not exceeding 1,000 V. Thus, the terms of heading 8536 are met.

Along with the headings, the Section XVI and Chapters 84 and 85 notes must be examined. The only applicable note, Section XVI, Note 2, HTSUSA, defines the classification procedure for parts of the headings of Chapters 84 and 85. The Black Box is not a part of an ADP, but is an accessory. Therefore, Section XVI, Note 2 does not pertain to the classification of the Black Box.

Since the notes are not decisive, the "following provisions" mentioned in GRI 1 must be utilized. GRI 3, HTSUSA, one of the "following provisions", addresses when an article is classifiable under two or more headings. GRI 3(a), HTSUSA, requires that when an article is classifiable under two or more headings, the heading which provides the most specific description is preferred over the heading which provides a general description. Heading 8536 specifically describes the Black Box. The Black Box is an electrical switch for a voltage of not more than 1000 V. Heading 8473 only generally describes the Black Box. Therefore, the

Black Box is properly classified under heading 8536. The appropriate classification for the Black Box is in subheading 8536.50.00, HTSUSA, as "Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plug, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V...Other switches..."

HOLDING:

The Black Box, in accordance with GRI 3(a) and 1, is classifiable in heading 8536. The proper classification is in subheading 8536.50.00, HTSUSA, as "Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plug, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V...Other switches..."

Sincerely,

John Durant, Director
Commercial Rulings Division

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