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HQ 951242


June 22, 1993

CLA-2 CO:R:C:F 951242 ALS

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9090; 8431.10.0090; 8480.71.9010; 8504.90.0050; 8506.90.0000; 8529.90.5000

Mr. Robert R. Hellman, Jr.
President
Approach, Inc.
P. O. Box 338
Southbury, CT 06488

RE: Injection Molded Plastic Components from England

Dear Mr. Hellman:

This ruling is in response to your request of February 26, 1992, as supplemented by subsequent documentary, sample and information submissions.

FACTS:

The ruling request covers 5 injection molded plastic items which are designed for different purposes and injection molds for making those items. The subject items are:

1. A pager enclosure which is a two piece block enclosure, composed of 100 percent black high-impact A.B.S. plastic, for a belt-mounted pager, used in a restaurant. The enclosure will be used to house the electronics, battery pack, motor, etc. of a pager used to alert a waiter/waitress to return to the kitchen, table, or cashier when signalled. The pager does this by vibrating and displaying a visual indication.

2. A charging socket enclosure which consists of 100 percent flame retardant A.B.S. (UL 94V-0 grade). The article is used to support the above pager when it is removed from the belt of the wearer for charging or programming purposes.

3. A slider block which fits on the end of the carriage of asymmetrical car lifts which are used by mechanics to lift vehicles during inspections and repairs.

4. A 3 piece battery case composed of 100 percent high impact black A.B.S. plastic. Once electrical contacts, wires and nickel cadmium batteries are installed in these cases and the cases are assembled subsequent to importation, the completed assembly is sold as a replacement battery pack for FM transceivers.

5. Unassembled film cassette housing halves used in the biotechnology field as light-tight containers for samples and x-ray film during exposure. The assembled containers are used to hold the samples which are radioactively charged. Over a period of time the charged samples leave an image on the film. The housing halves are made from molded high impact A.B.S. plastic or other similar plastic.

ISSUE:

What is the tariff classification of the aforementioned molded plastic components and molds to make such items?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied, taken in order.

In considering the information, documentation and samples submitted with the ruling request we noted that each of the plastic items, as imported, has been molded to a shape necessary for its ultimate use but do not have any working components. The importer provides these molded plastic items to its customers who, after importation, combine these items with other components to form the article to be marketed.

The pager enclosure is so designed and shaped that it is only suitable for insertion of the electronic components which will permit it to serve its ultimate purposes. Pagers are radio reception apparatus described in heading 8527, HTSUSA. The housings for the pagers are classifiable in subheading 8529.90.5000, HTSUSA.

The charging socket enclosure is so designed and shaped that it is only suitable for insertion of the electronic components which will permit it to serve its ultimate purposes. It is unclear how the charging socket operates. It appears that the charging socket is a static converter described in heading 8504. If so, they are classifiable in subheading 8504.40.00, HTSUSA. Parts thereof would be classifiable in 8504.90.0050, HTSUSA.

The slider block is a plastic block designed to fit on the end of the carriage of a 2-post above-the-ground asymmetrical hydraulic lift of the type used by car dealerships and service stations to lift vehicles during inspections and repairs. Automobile lifts are jacks described in heading 8425, HTSUSA. Parts thereof are classifiable in heading 8431, HTSUSA, and, in particular, subheading 8431.10.0090, HTSUSA.

The battery case is composed of 3 pieces of molded plastic which, after importation, are assembled together with electrical contacts, wires and nickel cadmium batteries as a replacement battery pack for FM transceivers. Battery packs are primary batteries described in heading 8506, HTSUSA. According to the drawing submitted and your description of the assembly process, the 3 pieces of molded plastic serve no function other than that of a housing. As such, they are parts classifiable under subheading 8506.90.0000, HTSUSA.

The unassembled film cassettes, which are made of molded plastic, are assembled after importation into light-tight containers. We understand that radioactive charged samples are placed in such cassettes which also contain film. Over a period of time, the charge leaves an impression of the sample on the film. There is no specific provision for film cassettes or their parts. The cassettes are, therefore, classifiable according to their constituent material, i.e., plastic, in heading 3926, HTSUSA and in particular, subheading 3926.90.9090.

Injection molds for plastics are classifiable in subheading 8480.70.9090, HTSUSA, under the provision for molds for rubber or plastics.

HOLDING:

This ruling covers 5 different injection molded plastic components and the molds for making those items. Each of the components is so shaped as to be dedicated for specific purposes. Subsequent to importation other active components are added to these molded components. Each component essentially forms the shell of its finished article.

The plastic pager enclosure is classifiable in subheading 8529.90.5000, HTSUSA, subject to a general rate of duty of 5.9 percent ad valorem.

The plastic charging socket enclosure is classifiable in subheading 8504.90.0050, HTSUSA, and subject to a general rate of duty of 3 percent ad valorem.

The plastic slider block is classifiable in 8431.10.0090, HTSUSA, subject to a general rate of duty of 2 percent ad valorem.

The plastic battery case is classifiable in 8506.90.0000, HTSUSA, and subject to a general rate of duty of 5.3 percent ad valorem.

The plastic film cassette is classifiable in subheading 3926.90.9090, HTSUSA, and subject to a general rate of duty of 5.3 percent ad valorem.

Injection molds designed to form the aforementioned plastic articles are classifiable in subheading 8480.71.9010, HTSUSA, and subject to a general rate of duty of 3.9 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings division

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