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HQ 964535




January 31, 2001

CLA-2 RR:CR:GC 964535 GOB

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.69.80

Port Director
U.S. Customs Service
555 Battery Street
San Francisco, CA 94111

RE: Electrical apparatus

Dear Port Director:

This is our decision regarding Protests 2809-00-100433 and 100441, filed by a customs broker on behalf of Kycon, Inc. (“protestant”) concerning the classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of certain electrical apparatus.

FACTS:

The file reflects the following. With respect to each protest, the entry at issue was filed on July 25, 1999, and was liquidated on June 9, 2000. Each protest was filed on July 5, 2000.

The merchandise, described on invoices as connectors/cable and sockets, was entered under subheading 8536.69.80, HTSUS, and was liquidated under the same provision.

The protestant now claims classification under subheading 8536.69.40, HTSUS.

ISSUE:

What is the tariff classification of the subject merchandise?

LAW AND ANALYSIS:

We note initially that the protests were timely filed under the statutory and regulatory provisions for protests, 19 U.S.C. 1514(c)(3)(A) and 19 CFR 174.12(e)(1).

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 GRI’s may then be applied.

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. See T.D. 89-80.

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 protestant asserts that the goods at issue are printed circuit connectors classifiable under subheading 8536.69.40, HTSUS. However, the protestant has not provided any documentary evidence in support of its claim.

19 CFR 174.13(a)(6) provides that a protest shall contain the nature of and justification for the objection set forth distinctly and specifically with respect to each category, payment, claim, decision, or refusal. The scope of review in a protest filed under 19 U.S.C. 1514 is limited to the administrative record. Customs will consider all relevant allegations that are supported by competent evidence. In acting on a protest, however, Customs lacks the legal authority to assume facts and arguments that are not presented and therefore not in the official record.

Based on the lack of documentary evidence submitted in support of the protestant’s claims, the two subject protests should be denied.

HOLDING:

There is no documentary evidence in support of the protestant’s claims.

You are instructed to DENY the protests.

In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.treas.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

John Durant, Director
Commercial Rulings Division

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