United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 HQ Rulings > HQ 962860 - HQ 962980 > HQ 962942

Previous Ruling Next Ruling
HQ 962942




August 29, 2000

CLA-2 RR:CR:GC 962942 KBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 8548.90.00; 8544.30.00; 8536.69.80.

Mr. David P. Sanders
LeBoef, Lamb, Greene & MacRae
1875 Connecticut Avenue, N.W.
Washington, D.C. 20009-5728

RE: Radio frequency interference filter electrical connectors

Dear Mr. Sanders:

This is in regard to your letter dated May 14, 1999, on behalf of Alcoa Fujikura, Ltd. (AFL), to the Director, Customs National Commodity Specialist Division, New York, requesting a ruling as to the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of five types of electrical connectors which incorporate a radio frequency interference (RFI) filter. Your request was forwarded to this office for reply. You submitted additional information, including samples and a meeting with you was held on July 27, 2000.

FACTS:

There are five articles for which classification is being requested. Each article is a type of electrical connector which has incorporated in it an RFI device also called an electro-magnetic filter. The part numbers are: (1) AFL Part No. 8110476000, (2) AFL Part No. 8110434000, (3) AFL Part No. 8110539000, (4) AFL Part No. 8110538000, and (5) AFL Part No. 8110526000.

AFL has previously entered articles 1, 2, 4 and 5 under subheading 8536.90, HTSUS. Article 3 has previously been entered under subheading 8544.30, HTSUS, as a wiring harness. You believe that all of these articles are properly classifiable under subheading 8548.90.00, HTSUS, as electrical parts of machinery or apparatus, not specified or included elsewhere in Chapter 85. You state that all the articles contain an RFI device designed to filter out electrical noise generated by electrical motors in a vehicle. The articles also function as electrical connectors and for article 5, as a fuel pump endcap.

Article 1, referred to as an integrated RFI connector, is an electrical connector with an RFI filter inside made to dampen electrical interference produced by a DC fuel pump motor. Viewing this article, it appears as one piece of plastic housing containing two circular metal openings and in a boxed indentation, two metal prongs for a positive and negative coupling. Inside the plastic housing is contained: one capacitor, two inductor coils, two ferrite beads, a circular connector and two prong connectors. You report that 100% of the cost of the article is associated with the RFI capability.

Article 2, referred to as a single reverse type integrated RFI connector, is made to dampen the electrical interference produced by a DC blower fan motor. This article appears in the shape of a one prong plug with a tail of braided copper wiring which ends attached to a metallic brush. The components of this article are: the molded housing, molding compound, an aluminum capacitor, a terminal, a foil terminal, braided wire and metallic brush. You report that 100% of the cost of the article is associated with the RFI capability.

Article 3, referred to as an RFI wire harness, is an electrical connector made to dampen the electrical interference produced by a DC fuel pump motor. This article appears as two wires with connectors at both ends. At one end the connector is molded plastic with two circular openings containing metal circular openings inside. At the other end of the wires is a ‘clip in’ plastic molded connector. The wires enter into two of four holes in an outer molded plastic piece. The plastic molding has three pieces: a black cap at the back, an exterior gray body that would clip and hold the article to the piece it is attaching to, and a green interior plastic piece containing four openings into which the electrical terminal parts of the attaching piece would be inserted. The components of this article are: two specially insulated wire circuits, terminals, connector, weather pack, a retainer clip, stamped terminals and a capacitor. You report that 34% of the cost of the item is for the RFI capability.

Article 4, referred to as an RFI with integrated electrical circuits, is an electrical connector made to filter out electrical interference and can be made to fit various motors. This article appears as a white plastic box with two wires coming out of opposite ends of the box. The box contains one capacitor, two inductor coils, and two ferrite beads. You report that 90% of the cost of the article is associated with the RFI capability. Article 5, referred to as an endcap assembly connector, is an electrical connector made to filter out interference produced by a DC fuel pump motor. However, this endcap also regulates the flow of fuel in the forward direction while an engine is in operation and prevents the flow of fuel in reverse when the motor is not in operation. This article appears as a cylindrical piece with one end having five molded tabs, three together (at 5, 6, and 7 o’clock) and two slightly apart (at 11 and 1 o’clock). Between the tabs is a circular hole containing an o-ring with a ball bearing in the middle of the center of the valve. Below that is a hole with a hollow cylindrical bearing. On opposite sides of the bearing are two arrow-shaped holes each containing a metallic brush with a wire attached. There are three other holes on that end, one small circular hole, one trapezoidal hole and one close to triangular in shape hole. The other end of the cylinder has an attached gray plastic cap. The gray cap has one large, deep, circular hole with a large ball bearing at the bottom. The gray cap has two smaller circular holes with ball bearings in them. The gray cap has two curved holes facing each other. Outside of the gray cap is a box with two open-ended compartments each containing a metal prong terminal. The components of this article are: one capacitor, two terminals, two inductor coils, two ferrite beads, a premolded plastic housing, a premolded plastic cap, two braided wires and metallic brushes, three bearings, one seal, one o-ring, and one washer. You report that 71% of the cost of the product is for the RFI capability.

ISSUE:

How are the five electrical connectors containing RFI filters classified?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI.

In interpreting the headings and subheadings, Customs looks to the Harmonized Commodity Description and Coding System Explanatory Notes (ENs). Although not legally binding, they provide a commentary on the scope of each heading of the HTSUS. It is Customs practice to follow, whenever possible, the terms of the ENs when interpreting the HTSUS. See T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The HTSUS provisions under consideration are as follows:

8536 Electrical apparatus for switching or protecting electrical circuits, or 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:

Other:

8536.69.80 Other:
and

Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors:

Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships
and

8548 Waste and scrap of primary cells, primary batteries and electric storage batteries; spent primary cells, spent primary batteries and spent electric storage batteries; electrical parts of machinery or apparatus, not specified or included elsewhere in this chapter:

8548.90.00 Other.

RFI filters are classifiable under subheading 8548.90.00, HTSUS, as electrical parts of machinery or apparatus, not specified or included elsewhere in Chapter 85. See e.g., NY B88007 (August 14, 1997) and NY B80575 (January 21, 1997). However, for each of these articles, the RFI filter is incorporated into an electrical connector which makes them a composite good. Pursuant to GRI 3(b), composite goods shall be classified based on the component which gives the good its essential character.

Article 4 is the simplest of the five subject goods. It is comprised only of an RFI device with four extending wires. There are no specially molded connection points. The essential character of article 4 is determined by the RFI component. Therefore, article 4 is classifiable under subheading 8548.90.00, HTSUS.

Article 1 is a specifically molded plastic connector which will only fit a specifically shaped matching connection. However, the molded portion is not particularly complex and all the internal components of this single piece connector are RFI related. The RFI function determines the essential character of article 1. Therefore, article 1 is also classifiable under subheading 8548.90.00, HTSUS.

In HQ 086766 (June 25, 1990), Customs held that in a situation where an RFI device was incorporated into an electrical connection, the correct classification of the connector is in subheading 8536.69, HTSUS. Heading 8536, HTSUS includes “apparatus for making connections to or in electrical circuits”. EN III(A)(1) for heading 8536, HTSUS, includes plugs and sockets. Articles 2 and 5 are more complex than articles 1 and 4. Article 2 is a single plug with an extra tail “brush” assembly. The additional components and separate section of this plug removes it from the same classification as a simple RFI device. We find that the article 2 is classified in subheading 8536.69.80, HTSUS.

Article 5 is a complex connector, incorporating several functions. It is an endcap which regulates the flow of fuel in the forward direction while an engine is in operation and prevents the flow of fuel in reverse when the motor is not in operation. It contains several layers of plastic molded to a very particular shape. It contains many components unrelated to the RFI function including bearings, washers, o-rings, brushes, etc. A significant portion of the cost of the product is not for the RFI capability. Therefore, as with article 2, we find article 5 is classified in subheading 8536.69.80, HTSUS.

Article 3 is also a complex electrical connector. It is a harness connector which has two separate connection points separated by two wires. One of the connection points is a complex multiple level plastic molded connector. Only 34% of the cost of the article is determined by the RFI function. Heading 8544 includes “[i]nsulated wire whether or not fitted with connectors.” The EN for subheading 8544, HTSUS, states “[w]ire, cable, etc. remain 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.” We find that this complex harness connector is classified in subheading 8544.30.00, HTSUS.

HOLDING:

Articles 1 and 4 are classifiable in subheading 8548.90.00, HTSUS, which provides for Waste and scrap of primary cells, primary batteries and electric storage batteries; spent primary cells, spent primary batteries and spent electric storage batteries; electrical parts of machinery or apparatus, not specified or included elsewhere in this chapter: Other.

Articles 2 and 5 are classifiable in subheading 8536.69.80, HTSUS, which provides for Electrical apparatus for switching or protecting electrical circuits, or 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: Other: Other.

Article 3 is classifiable in subheading 8544.30.00, HTSUS, which provides for Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: