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NY 886063



June 7, 1993

CLA-2-85:S:N:N1:109 886063

CATEGORY: CLASSIFICATION

TARIFF NO.: 8533.21.0080

Ms. Susan Friend
Yamato Customs Brokers U.S.A., Inc.
920 N. Dillon Drive
Wood Dale, Il 60191

RE: The tariff classification of thick film chip resistors from Japan, Taiwan and Malaysia

Dear Ms. Friend:

In your letter dated May 6, 1993 you requested a tariff classification ruling on behalf of Kamaya, Inc. of Fort Wayne, Indiana.

The merchandise is identified in the submitted literature as RMC 1/16S, RMC 1/16, RMC 1/10, RMC 1/8, RMC 1/4, RMC 1/2, RMC 1, RGC 1/16S, RGC 1/16, RGC 1/10, and RGC 1/8. Samples of RMC 1/16S and RGC 1/10 were submitted in addition to the literature. The literature describes the resistors as follows:

The RMC 1/16S, RMC 1/16, RMC 1/10, RMC 1/8, RMC 1/4, RMC 1/2, and RMC 1 are thick film chip resistors best suited for commercial, industrial and automotive applications. The power ratings range from 1/16 Watt through 1.0 Watt.

The RGC 1/16S, RGC 1/16, RGC 1/10, RGC 1/8 are thick film resistors that are designed for maintaining resistance stability over changing temperature ranges found in automotive, computer, and a variety of other industrial and commercial applications. The power ratings range from 1/16 Watt through 1.0 Watt.

The applicable subheading for the thick film resistors will be 8533.21.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for "[e]lectrical resistors with a power capacity not exceeding 20 watts having two terminals with two leads, wirewound." The duty rate will be 6 percent ad valorem.

In your letter, you have inquired about the applicability of the Generalized System of Preferences (GSP) for your merchandise. Articles classified under subheading 8533.21.0080, HTS, which are products of Japan, Taiwan and Malaysia, are not entitled to duty free treatment under the Generalized System of Preferences.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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