HQ 0950247 - Base station isolator; Heading 8529; ENs 85.36; H. Conf. Rep. No. 576; Section XVI, note 2(a). - United States International Trade Commision Rulings

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HQ 950247

November 25, 1991

CLA-2 CO:R:C:M 950247 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.30.00;

Paul M. Orbuch, Esq.
Howrey & Simon
1730 Pennsylvania Avenue, N.W.
Washington, D.C. 20006-4793

RE: Base station isolator; Heading 8529; ENs 85.36; H. Conf. Rep. No. 576; Section XVI, note 2(a).

Dear Mr. Orbuch;

Your letter of July 31, 1991, requesting the tariff classification of three types of "Base Station Isolators" (BSIs) under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), has been referred to this office for reply.

FACTS:

Base station isolators (BSIs) are components of a base station which functions as a broadcasting and receiving station for a cellular telephone within a range of approximately 10 miles. The base station is the land based communications link with a cellular telephone, which may be located in a car or carried in a case. Each cellular telephone system has many overlapping "cells", each with a base station to provide continuous contact with the user's telephone as the user travels through the system. The BSIs function principally as protectors for the power amplifiers in a base station. The power amplifiers send out strong electric waves through an antenna. Many antennas, however, can reflect 30 percent of the power of the electric wave. Without a BSI, this reflected wave will return to the power amplifier and may cause severe damage to its circuitry. The BSIs act to automatically control this high-frequency circuit flow by transferring high frequency signals to different terminals within the base station.

ISSUE:

Whether the BSIs are properly classifiable within heading 8536, HTSUSA, which provides for electrical apparatus for protecting electrical circuits for a voltage not exceeding 1,000 V; or classifiable within heading 8529, HTSUSA, which provides for parts suitable for use solely or principally with the apparatus of headings 8525 to 8528.

LAW AND ANALYSIS:

Heading 8536, HTSUSA, provides for electrical apparatus for protecting electrical circuits. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) state that this heading includes devices for preventing the overload of circuits. ENs 85.36 (II), p. 1390 (1991). While the ENs are not dispositive, they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUSA. H. Conf. Rep. No. 576, 100th Cong., 2d Sess., p. 549, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582. The BSIs satisfy the above description. They are used to protect the power amplifier circuitry of a base station by preventing their overload. Accordingly, we consider the above ENs instructive for determining that the subject BSIs satisfy the terms of heading 8536, HTSUSA. Subheading 8536.30.00, HTSUSA, provides for other apparatus for protecting electrical circuits. The subject BSIs satisfy the terms of this subheading. Accordingly, they are classifiable within this above subheading.

Heading 8529, HTSUSA, provides for parts suitable for use solely or principally with the apparatus of headings 8525 to 8528. The BSIs are parts of a base station, which is itself suitable for use solely or principally with cellular telephones. Cellular telephones are apparatus of heading 8525, HTSUSA. Accordingly, the BSIs satisfy the terms of this heading. 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). As discussed previously, the subject BSIs are classifiable within heading 8536, HTSUSA, as apparatus for protecting electrical circuit. In our view, heading 8536, HTSUSA, is a respective heading for the subject BSIs. Therefore, the BSIs are precluded from classification within heading 8529, HTSUSA, by the application of the above section note.

HOLDING:

The subject BSIs are properly classifiable within subheading 8536.30.00, HTSUSA, which provides for other
apparatus for protecting electrical circuits, dutiable at the General Column 1 rate of 5.3 percent ad valorem. Any questions regarding the applicability of Antidumping Duty Order A-588-405 should be addressed to the U.S. Department of Commerce at (202) 377-2786.

Sincerely,

John Durant, Director
Commercial Rulings Division

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