HQ 0951513 - Diode Units For Telephonic Switching Equipment; Filter; Fuse; Circuit Breakers; Apparatus For Protecting Electrical Circuits; Pre-Entry Classification Ruling 844202, Modified - United States International Trade Commision Rulings

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HQ 951513

April 17, 1992

CLA-2 CO:R:C:M 951513 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.30.00

Mr. Joseph De La Luz
Vice-President, Customs
Ericsson Network Systems, Inc.
730 International Parkway
Richardson, TX 75081

RE: Diode Units For Telephonic Switching Equipment; Filter; Fuse; Circuit Breakers; Apparatus For Protecting Electrical Circuits; Pre-Entry Classification Ruling 844202, Modified

Dear Mr. De La Luz:

It has come to our attention that Customs Pre-Entry Classification Ruling 844202 (September 20, 1989) was issued to you concerning the classification of a product described as a Diode Unit BMF 630 005/11. We have recently received a more detailed description of the product. This HQ Ruling will modify Ruling 844202 to classify the product according to the more precise product description.

FACTS:

The merchandise is described in product literature a "Diode unit BMF 630 005/11". The product is an assembly containing at least one filter for eliminating radio interference, a 315 A main fuse, a choke for reducing ripple, three parallel power diodes, a printed circuit board assembly for supervising the function of the unit, and three circuit breakers. Attached to the front of the unit are light emitting diodes (LED's) for indicating (1) "On" status, (2) "Diode Failure" status, (3) "Fuse Failure" status and (4) "Control Circuit Fuse" status. The unit allows current of less than 1,000 V to pass in one direction from a DC power source to sensitive telephonic equipment. The unit prevents capacitors from discharging on momentary voltage decrease along the low-ohmic load. This enables the capacitors to maintain the voltage level across the transient-sensitive load.

ISSUE:

Is the merchandise classified as a diode in Heading 8541, Harmonized Tariff Schedule of the United States (HTSUS), or as electrical apparatus for protecting electrical circuits in Heading 8536, HTSUS?

LAW AND ANALYSIS:

The HTSUS provides that the classification of articles is governed by the General Rules of Interpretation (GRI's). GRI 1 states in pertinent part that "...classification shall be determined according to the terms of the headings and any relative section or chapter notes...".

Heading 8541 in part describes diodes. Heading 8536 in part describes electrical apparatus for protecting electrical circuits.

The product under consideration may contain diodes, but as a whole it is an assembly which also contains a filter for eliminating radio interference, a 315 A main fuse, a choke for reducing ripple, a printed circuit board assembly for supervising the function of the unit, and three circuit breakers.

The Harmonized Commodity Description and Coding System Explanatory Notes to Heading 8536, p. 1390, provide that Heading 8536 covers circuit protecting apparatus such as fuses and devices for breaking circuits. The Diode Unit BMF 630 005/11 incorporates fuses, circuit breakers and other components that function as an assembly to protect circuits in telephonic apparatus.

The Diode Unit BMF 630 005/11 prevents capacitors from discharging on momentary voltage decrease along the low-ohmic load. This enables the capacitors to maintain the voltage level across the transient-sensitive load.

The Diode Unit BMF 630 005/11 is described in Heading 8536 as "Electrical apparatus for...protecting electrical circuits... for a voltage not exceeding 1,000 V: Other apparatus for protecting electrical circuits", and is classified in subheading 8536.30.00, HTSUS.

Customs Pre-Entry Classification Ruling 844202 (September 20, 1989) is modified to provide that the Diode Unit BMF 630 005/11 is classified as "Electrical apparatus for...protecting electrical circuits...for a voltage not exceeding 1,000 V: Other apparatus for protecting electrical circuits", in subheading 8536.30.00, HTSUS.

HOLDING:

Customs Pre-Entry Classification Ruling 844202 (September 20, 1989) is modified to provide that the Diode Unit BMF 630 005/11 is classified as "Electrical apparatus for...protecting electrical circuits...for a voltage not exceeding 1,000 V: Other apparatus for protecting electrical circuits", in subheading 8536.30.00, HTSUS, currently subject to a Column 1 rate of duty of 5.3% ad valorem.

Sincerely,

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