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HQ 964504




October 25, 2001

CLA-2 RR:CR:GC 964504 BJB

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.69.40

Mitchell Neriah
Customs Consulting Services
415 South Prospect Avenue, Suite 110
Redondo Beach, CA 90277

RE: Electrical Connectors: Coaxial; Printed circuit.

Dear Mr. Neriah:

This is in response to your letter of August 2, 2000, to the Customs National Commodity Specialist Division, New York, on behalf of Toshiba America Information Systems, Inc. (“Toshiba”), with respect to the tariff classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) of five articles described as electrical connectors. Your letter, with samples of three of the five articles, was referred to this office for reply. In preparing this decision, consideration was also given to your supplemental submissions of August 28, October 22, and 24, 2001. In your letter of October 24, 2001, you requested that one of the five articles, described as a “DC IN Jack” (#P22477) be withdrawn from consideration.

FACTS:

Each of the four remaining articles under consideration is a different type of electrical connector used for making connections to or in electrical circuits. You have described the articles in the following manner:

“DC Jack (#P21022):” is a “through hole” design coaxial electrical connector mounted onto a motherboard (printed circuit assembly) of a notebook personal computer. The DC Jack connects the notebook’s AC adapter to the personal computer’s motherboard. This article has a center positive terminal pin, and a negative terminal plate located on its inside wall. A third terminal functions as a ground. The DC Jack is rated for 16 volts and 3 amps.

“Audio Jack (#P21030):” is a “through hole” design connector which is mounted onto a sound board (printed circuit assembly) used in a notebook personal computer. The connector is used to connect a headphone to the personal computer. It is rated for a voltage of 12 volts. This article is a stereo connector with six contact terminals: two positive, two negative and two ground terminals.

“Modular Phone Jack (#G36210122999):” is a “surface mount” design modular telephone jack. It has two leads that are permanently soldered onto a printed circuit assembly used in a notebook personal computer. It is used to connect a telephone line to the notebook for electrical connection to its internal modem. This modular phone jack is rated for a voltage under 1000 volts.

“LCD Harness Connector (#P22521):” is a “22-pin female connector” into which “a male LCD harness connector” fitted to a ribbon cable is inserted. This article is mounted onto a motherboard used in a notebook personal computer via a “surface mount.” It connects the motherboard and the LCD display. It is rated for a voltage of 125 volts.

Each article is fitted with multiple metal pins to enable it to be plugged into, or permanently mounted on a printed circuit board (e.g., by surface mounting).

ISSUE:

What is the tariff classification of the subject electrical connectors?

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRI’s”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.

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:

Lamp-holders, plugs and sockets:

8536.69 Other:

8536.69.40 Coaxial connectors; cylindrical multicontact connectors; rack and panel connectors; printed circuit connectors; ribbon or flat cable connectors . . .

8536.69.80 Other

The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the EN’s provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. Customs believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

The goods at issue are described within heading 8536, as “electrical apparatus . . . for making connections to or in electrical circuits . . . for a voltage not exceeding 1,000V. Further, there is no dispute that these articles, in their condition as imported, are classifiable in subheading 8536.69, HTSUS, as “electrical apparatus for switching or protecting electrical circuits, or for connections to or in electrical circuits . . ., for a voltage not exceeding 1,000 V: Lamp-holders, plugs and sockets: Other[.]” As a result of the Information Technology Agreement, (see 62 FR 35909 (July 2, 1997)) subheading 8536.69.00, HTSUS, was divided into subheadings 8536.69.40 and 8536.69.80, HTSUS. Thus, Customs must determine the appropriate eight-digit level classification for each of these articles.

GRI 6 requires that the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings, any related subheading notes, and mutatis mutandis, to the GRIs, on the understanding that only subheadings at the same level are comparable.

Plugs and sockets are described in 8536 EN (III)(A)(1) as follows:

“(III) Apparatus For Making Connections To Or In Electrical Circuits

This apparatus is used to connect together the various parts of an electrical circuit. It includes:

Plugs, sockets and other contacts for connecting a movable lead or apparatus to an installation which is usually fixed. This category includes:

(1) Plugs and sockets (including those for connecting two movable leads). A plug may have one or more pins or side contacts which match corresponding holes or contacts in the socket. The rim of one of the pins may be used for earthing purposes.”

In addition, tariff terms may be construed in accordance with their common and commercial meanings. Nippon Kogasku (USA), Inc., v. United States, 69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable resource materials. C.J. Tower & Sons v. United States, 69 CCPA 128, 673 F.2d 1268 (1982).

At GRI 1, subheading 8536.69.40, HTSUS, specifies different types of connectors, including coaxial connectors, cylindrical multicontact connectors, rack and panel connectors, ribbon or flat cable connectors, and printed circuit connectors. The term “printed circuit connectors,” like the other types of connectors in this subheading are not defined in the tariff. If these goods do not meet the terms of subheading 8536.69.40, HTSUS, by virtue of GRI 6, they would fall to be classified in subheading 8536.69.80, HTSUS.

We have reviewed numerous lexicons for a definition of the terms “coaxial connector” and “printed circuit connector.” The Modern Dictionary of Electronics, 7th Ed., (Rudolf Graf, 1999), describes a:

“Coaxial-line connector”: “[as a] device used to provide a connection between two coaxial lines or between a coaxial line and the equipment.”

The Electronic Engineer’s Master Online Glossary, (www.eem.com) provides the following with regard to “printed circuit connectors:”

“Printed circuit connector: Connectors which are used in conjunction with printed circuit boards. There are two distinctly different styles.

Edgeboard. May be called edge or card. The printed circuit (PC) board edge enters the connector.

Two-piece: One part of the connecting pair is physically attached to the PC board itself. The other part is attached to something else such as a cable or a motherboard.”

The Computer Glossary, A. Freedman, 8th Ed., (1998), describes a “jack” [as] a receptacle into which a plug is inserted.” A “socket” is “receptacle which receives a plug.”

The Connectors and Interconnections Handbook, (G.L. Ginsberg, (1977) Vol. I, 3.0), states that “cable connectors” are used to make connections between cable and electrical equipment, machines, panels, bulkheads, printed circuits, electronic equipment, and any other cable. One half of the connector must accept round or flat cable.” Cable connectors are made in both cylindrical and rectangular configurations. Ribbon cable is generally a thin, flat, multiconductor cable that is widely used to interconnect peripheral devices to a computer internally.

Based upon the information and samples provided, when the mounted prongs of each article mate with a matching socket in a printed circuit, or when an article is surface mounted, they form a connection to or in an electrical circuit. Each article possesses multiple prongs or leads which match corresponding holes or contacts on foil patterns in a printed electrical circuit.

1) As noted above, the DC Jack (#P21022), is a “coaxial connector” with multiple pins used to mount it onto a printed circuit board and has a coaxial receptor. This article connects the motherboard to a notebook computer’s AC adapter and meets the recognized description of a “coaxial connector” as a device that provides a connection between a coaxial line and the equipment (the motherboard). At GRI 1, this article is specifically provided for in subheading 8536.69.40, HTSUS.

2) The Audio Jack is mounted on a sound board printed circuit assembly. This connector has metal pins or contacts that match corresponding holes or contacts on the printed circuit. It is used to connect a headphone to a notebook personal computer. The Audio Jack also has a socket with a cylindrical aperture and sleeve, lined with six contact points: two positive, two negative and two ground. These multiple contact points match corresponding contact points located on the prong of a headphone jack when inserted into the Audio Jack. As such, the Audio Jack meets the description provided in EN 85.36 (III) (A), “plug, sockets and other contacts for connecting a movable lead or apparatus to an installation which is usually fixed. Thus, at GRI 1, the Audio Jack is a “cylindrical multicontact connector,” specifically provided for in subheading 8536.69.40, HTSUS.

Our determination is supported by HQ 963676, dated December 13, 2000, which classified four types of cylindrical multicontact plugs. Although HQ 963676 involved merchandise different than the Audio Jack, the decision provided that the term “cylindrical” is generally defined as, “of, pertaining to, or having the form of a cylinder[,]” and “multicontact is generally defined as, “hav[ing] more that one contact.” As such, the Audio Jack’s cylindrical socket provides multiple contacts (three pairs), and therefore, meets the description of a “cylindrical multicontact connector.”

3) The Modular Phone Jack (#G36210122999), is a “surface mount” design modular telephone jack. It has two leads that are permanently soldered onto a printed circuit assembly. This jack is used to connect a telephone line to the notebook for electrical connection to its internal modem. As such, this merchandise conforms to the general industry definition of a “printed circuit connector,” set above. Moreover, this article meets the description provided in the ENs. They are plugs used for connecting moveable leads or apparatus to a fixed installation, i.e., a printed circuit board to which they are permanently affixed.

At GRI 1, the Modular Phone Jack is a “printed circuit connector,” specifically provided for in subheading 8536.69.40, HTSUS. This determination is supported by NY Ruling (NY) D87005, dated February 16, 1999, which classified a printed circuit board mount jack used on printed circuit boards to allow the connection of cable to the printed circuit board, in subheading 8536.69.40, HTSUS.

4) The LCD Harness Connector (#P22521), as described above, is an electrical connector with 22 pins or contacts that match corresponding holes or contacts on a printed circuit. This article connects to a computer motherboard. It provides for the LCD display to be connected to the motherboard through a ribbon cable attached to a “male LCD harness connector,” and inserted into the LCD Harness Connector’s receptacle. As such, this article conforms to the general industry definition of a “ribbon or flat cable connector.” It also meets the description provided in the ENs. It is clear that it is a plug used for connecting moveable leads or apparatus to a fixed installation, i.e., a ribbon cable (leading to the LCD display) to a printed circuit board to which the connector is permanently fixed. At GRI 1, this connector is a “ribbon or flat cable connector,” specifically provided for in subheading 8536.69.40, HTSUS.

HOLDING:

Under the authority of GRI 1, and GRI 6, the DC Jack (#P21022) is a “coaxial connector,” the Audio Jack (#P21030) is a “cylindrical multicontact connector,” the Modular Phone Jack (#G36210122999) is a “printed circuit connector,” and the LCD Harness Connector (P#22521) is a “ribbon or flat cable
connector,” all classifiable in subheading 8536.69.40, HTSUS, as “[e]lectrical apparatus for making connections to or in electrical circuits . . .for a voltage not exceeding 1,000 V: . . .Lamp-holders, plugs and sockets:. . . Other: coaxial connectors; cylindrical multicontact connectors; . . .;printed circuit connectors; ribbon or flat cable connectors[.]”

Sincerely,

John Durant, Director
Commercial Rulings Division

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