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HQ 951805


September 18, 1992

CLA-2 CO:R:C:M 951805 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 8542.20.00

Ms. Patricia E. Patrick
Watkins-Johnson Company
3333 Hillview Avenue
Stanford Research Park
Palo Alto, California 94304-1204

RE: Hybrid Microcircuit Assemblies (Radio Frequency "Mixers"); NY 834746 revoked; NY 875211 affirmed; Note 5(B)b to Chapter 85; Note 2(a) to Section XVI; EN 85.42; 8529.90.50, HTSUS

Dear Ms. Patrick:

This is in response to your letter of February 11, 1992, requesting the classification of Radio Frequency "Mixers" under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter was referred to this office for a response.

FACTS:

"Mixers" are hybrid microcircuit assemblies that use silicon Schottky diodes or discrete diode integrated circuits to convert the frequency of an incoming signal to a lesser or higher frequency, which allows the efficient transmission or reception of a radio signal. "Mixers" are commonly used in microwave test equipment, signal receivers, and radio receivers and transmitters. "Mixers" operate in frequencies not exceeding 31 GHz.

ISSUE:

Whether the articles in question are classifiable as parts of radios under subheading 8529.90.50, HTSUS.

LAW AND ANALYSIS:

In NY 834746, dated January 10, 1989, a ruling issued to Ms.

Kathy R. Chole at Watkins-Johnson Co., the articles in question were held to be classifiable under subheading 8529.90.50, HTSUS, as parts of radios. Because the "Mixers" were products of the Philippines, they were entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with the applicable regulations. You now propose the importation of these same "Mixers" from both the Philippines and from Thailand. In a telephone conversation with this office, you stated that you wanted us to treat this ruling request as a reconsideration of NY 834746, inasmuch as complete information had not been submitted to New York in connection with your request for a ruling.

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

Note 2(a) to Section XVI states that "[p]arts 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." Therefore, the articles cannot be classified as parts of radios under subheading 8529.90.50, HTSUS, if they are goods included in Chapter 84 or 85.

A more accurate and complete description of the product was provided to our New York office in NY 875211, dated June 23, 1992, where the "Mixers" were held to be classifiable under subheading 8542.20.00, HTSUS. Heading 8542, HTSUS, provides for "[e]lectronic integrated circuits and microassemblies." Note 5(B)b to Chapter 85 states that for the purposes of Heading 8542, HTSUS, electronic integrated circuits and microassemblies include:

Hybrid integrated circuits in which passive elements (resistors, capacitors, interconnections, etc.), obtained by thin- or thick-film technology, and active elements (diodes, transistors, monolithic integrated circuits, etc.), obtained by semiconductor technology, are combined to all intents and purposes indivisibly, on a single substrate (glass, ceramic, etc.). These circuits may also include discrete components . . .

The articles in question consist of active and passive components mounted on a ceramic substrate. Thin-film technology is used in the assembly process.

The Harmonized Commodity Description and Coding System n- 3 -

Explanatory Notes (EN) constitute the Customs Co-operation Council's official interpretation of the Harmonized System. While not legally binding, the ENs provide a commentary on the scope of each heading of the Harmonized System, and are generally indicative of the proper interpretation of these headings.

EN 85.42, pg. 1401, states that "[t]he components forming a hybrid integrated circuit must be combined to all intents and purposes individually, i.e., though some of the elements could theoretically be removed and replaced, this would be a long and delicate task which would be uneconomic under normal manufacturing conditions [emphasis in original]." You state that the components cannot be easily removed and replaced under ordinary manufacturing conditions.

The "Mixers" are hybrid integrated circuits as defined by Note 5(B)b to Chapter 85 and EN 85.42, pgs. 1400-1402, and by reason of Note 2(a) to Section XVI are classifiable under subheading 8542.20.00, HTSUS.

HOLDING:

The Radio Frequency "Mixers" are classifiable under subheading 8542.20.00, HTSUS, which provides for "[e]lectronic integrated circuits and microassemblies . . . [h]ybrid integrated circuits." The corresponding rate of duty for articles of this subheading is free.

Accordingly, NY 834746, dated January 10, 1989, is revoked. NY 875211, dated June 23, 1992, is affirmed.

Sincerely,

John Durant, Director

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