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HQ 088124


March 8, 1991

CLA-2 CO:R:C:M 088124 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.41.00; 8536.69.00

District Director
U.S. Customs Service
Port of Seattle
909 First Ave.
Room 2039
Seattle, WA 98174

RE: Protest No. 3001-90-000162; cable adapter; pin adapter; cable set; Heading 8544; Explanatory Note 85.44; Subheading 8544.41.00; Subheading 8536.69.00; Subheading 8536.90.00; Explanatory Note 85.36 (III).

Dear District Director:

Protest for further review number 3001-90-000162 dated 01/30/90, was filed against the classification of a cable adapter, 9-25 pin adapter and UMA cable set.

FACTS:

The articles at issue consist of a cable adapter, 9-25 pin adapter and a UMA cable set. They will be used to make an electrical connection between a computer mouse and computer.

The cable adapter consists of a cable with a four pin connector on one end and a six pin connector on the other end. These connectors are used to conduct electrical signals between a mouse and computer.

The pin adapter is an encased plastic device with a 25 pin female connector at one end and a 9 pin male connector at the other. It also is used to connect a mouse and computer.

The cable set is a packet of three cable adapters.

ISSUE:

Whether the cable adapter is properly classifiable within subheading 8544.41.00, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for electric conductors, for a voltage not exceeding 80 V, fitted with connectors; or classifiable within subheading 8473.30.40, HTSUSA, which provides for parts and accessories of the machines of heading 8471 which do not incorporate a cathode ray tube.

Whether the pin adapter is properly classifiable within subheading 8536.90.00, HTSUSA, which provides for other electrical apparatus for making connections to or in electrical circuits; or classifiable within subheading 8536.69.00, HTSUSA, which provides for plugs and sockets; or classifiable within subheading 8473.30.40, HTSUSA.

Whether the cable set is properly classifiable within subheading 8544.41.00, HTSUSA, or within subheading 8473.30.40, HTSUSA.

LAW AND ANALYSIS:

Heading 8544, HTSUSA, provides for insulated electric conductors whether or not fitted with connectors. This heading covers insulated electric cable and other conductors used as conductors in electrical machinery, apparatus or installations. Explanatory Note (EN) 85.44. This cable remains classified in this heading if cut to length or fitted with connectors (e.g., plugs, sockets, lugs, jacks, sleeves or terminals) at one or both ends. EN 85.44. Plugs and sockets are devices for connecting a moveable lead or apparatus to an installation which is usually fixed. EN 85.36. Plugs assembled with a length of wire are excluded from heading 8536, HTSUSA, and are instead classifiable within heading 85.44, HTSUSA. The cable adapter and cable set satisfy the terms of this heading. They are insulated electric conductors fitted with connectors (i.e., plugs) which are used to conduct electricity from a computer mouse to a computer. More specifically, they satisfy the terms of subheading 8544.41.00, HTSUSA, which provides for electric conductors used for a voltage not exceeding 80 V and fitted with connectors.

Heading 8536, HTSUSA, which provides for "[e]lectrical apparatus . . . for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V." These apparatus are used to connect various parts of an electrical circuit. EN 85.36 (III). As stated previously, plugs and sockets are devices for
connecting an apparatus to an installation which is usually fixed. A plug may have one or more pins or side contacts which match corresponding holes or contacts in the socket. The pin adapter satisfies the terms of this heading. It is a device for making a connection between a computer mouse and computer. More specifically, plugs and sockets are provided for within subheading 8536.69.00. The pin adapter satisfies the terms of this subheading and is classifiable therein. Based on this fact, consideration for classification of the pin adapter within subheading 8536.90.00, HTSUSA, as other apparatus is not necessary.

Heading 8473.30.40, HTSUSA, provides for parts and accessories of the machines of heading 8471 which do not incorporate a cathode ray tube. Parts which are goods included in any of the headings of Chapter 84 and 85 are in all cases to be classified in their respective headings. Section XVI, note 2(a). As stated previously, the subject articles are included within either headings 8544 or 8536, HTSUSA. Therefore, the application of legal note 2(a) precludes the subject articles from classification as a part and accessory within heading 8473, HTSUSA.

The fact that plugs and sockets are devices which may be used with the machines of heading 8471 is supported by their technical description. In relation to computers, plugs and sockets are described as physical connectors used to link together all variety of electronic devices (most commonly used for interconnecting computers to peripheral devices and communications networks). Alan Freedman, The Computer Glossary 4th ed., 540 (1989). The subject articles are used to connect a computer to a peripheral device (i.e., mouse). However, while plugs and sockets are devices which may be used as parts and accessories of computers, legal note 2(a) precludes them from classification as such.

General Interpretative Rule (GRI) 1 provides that "classifi- cation shall be determined according to the terms of the headings and any relative section or chapter notes." Counsel for the protestant argues that the adapters are "more than" an insulated electric conductor fitted with connectors. Instead, counsel claims that these adapters are connectors as well as adapters. Counsel states that an "adapter" is a "device for connecting parts that will not mate. An accessory to convert a device to a new or modified use." IEEE Standard Dictionary of Electrical and Electronic Terms, at 10 (1977). All three adapters are used for making connections in electrical circuits. The process of making any type of connection necessarily requires that the connectors be adapted for use with each other. Therefore, the adaption function in this instance does not impart any type of dual
function to the connectors. Furthermore, the subject adapters satisfy the terms of either headings 8544 or 8536, HTSUSA, and are precluded from classification within heading 8473, HTSUSA, by the application of a relative section note. Accordingly, the question of whether or not the adapters are "more than" connectors or conductors fitted with connectors is resolved by the application of GRI 1.

Counsel additionally argues that the adapters have more value to the user as an adapter than simply a connector. We do not find this consideration to be determinative in this case. The subject connector makes a connection in an electrical circuit. The subject insulated conductors fitted with connectors conduct electricity between a mouse and a computer. These types of devices are specifically provided for within the terms of headings 8536 and 8544, HTSUSA, respectively. GRI 1 requires classification to be determined by this consideration. There- fore, the value to the user in this case is not determinative for tariff classification purposes.

HOLDING:

The cable adapter and cable set are properly classifiable within subheading 8544.41.00, HTSUSA, which provides for insulated electric conductors for a voltage not exceeding 80 V and fitted with connectors.

The pin adapter is properly classifiable within subheading 8536.69.00, HTSUSA, which provides for "[e]lectrical apparatus . . . for making connections to or in electrical circuits ( for example . . . plugs . . . ), for a voltage not exceeding 1,000 V: other."

Since partial reclassification of the merchandise as indicated above would result in no net duty reduction, you are instructed to deny the protest in full. A copy of this letter should be attached to the Customs Form 19 Notice of Action and forwarded to the protestant.

Sincerely,

John Durant, Director
Commercial Rulings Division

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