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NY F88333




June 23, 2000

CLA-2-84:RR:NC:MM:110 F88333

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000

Mr. Mitchell Neriah
415 So. Prospect Ave. Ste. 110
Redondo Beach, CA 90277

RE: The tariff classification of five grounding terminals used in notebook computers from Japan.

Dear Mr. Neriah:

In your letter dated June 6, 2000, on behalf of your client Toshiba America Information Systems, Inc. (TAIS) you requested a tariff classification ruling.

Samples of five steel articles of various sizes and shapes were included with your ruling request. The first item in question is TAIS part number 47M201359POO, "EARTH BATT CONN." This is a u-shaped copper-coated clip made from a single piece of stamped steel with a hole in each end and folded in half. This item clips onto the battery connector ground pad located on the motherboard of a notebook computer.

The second item is TAIS part number 47M202630P00, "SP EARTH PLATE." This article is made from a single piece of stamped steel and is u-shaped with two screw holes in it. It is mounted behind a speaker in the notebook cabinet and is used as a ground terminal to protect the notebook in the event of a short circuit in the speaker.

The third item is TAIS part number 47K202013G00, "SP EARTH SPG ASSY." This article is a ground terminal made of a single piece of stamped stainless steel. This item is in the shape of a circle with three tabs, two extending outward and one extending to the center. There are screw holes in each of the tabs extending outward for attaching to the notebook cabinet. There is a plastic electrical insulator made of PET film that is fitted over half of the circular portion of the article. This item is used as a ground terminal to protect the notebook in the event of a short circuit in the speaker.

The forth item is TAIS part number 47M201843P00, "EARTH SP LCD." This item is a single piece of steel with two right angle bends and one folded over tab. It is designed to hold the LCD harness in place within the top cover assembly of a notebook computer. It also serves as a ground for the LCD harness in the event of a short circuit.

The fifth item is TAIS part number 47M199921P00. "SGP HINGE." This item is a single piece of steel with one tab folded over. There are two screw holes for attachment to the notebook cabinet. This item is similar to the "EARTH SP LCD" in that it is used to hold the LCD harness in place within the top cover assembly of a notebook computer and serves as a ground for the LCD harness in the event of a short circuit. This article is not a hinge but is mounted near the hinge of the top cover of the notebook, hence the name "SGP HINGE."

All five articles were designed exclusively for use with Toshiba's notebook computers. These parts are not electrical apparatus under heading 8536 because they are formed from one piece of sheet metal. The term "apparatus" has been defined by the Court of International Trade and the Customs Court as a combination of articles and materials which are intended for a specific use. The Deseret Co. v. United States, C.I.T., slip op. 86-93 (Sept. 17, 1986); Lenkurt Electric Co. v. United States, 63 Cust. Ct. 463, 467-68, CD 3937 (1969). The articles in question are also not "parts of general use" as defined in Section XV note 2, in that they are not "suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like."

The applicable subheading for all five grounding terminals will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other." The rate of duty will be free.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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