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 > 2001 HQ Rulings > HQ 965079 - HQ 965310 > HQ 965094

Previous Ruling Next Ruling
HQ 965094




October 18, 2001

CLA-2 RR:CR:GC 965094 GOB

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.30.80

Barbara A. Weimar
Manager, Traffic Department
Nippon Paint (America) Corporation
Glenpointe Centre West
500 Frank W. Burr Blvd.
Teaneck, NJ 07666-6895

RE: Reconsideration of NY G86595; Wearable Compact Ionizer; Compact Ionizer; Air-Gun Style Ionizer; Desk Top Ionizer

Dear Ms. Weimar:

This is in reply to your letter of May 7, 2001, to the Customs Information Exchange, New York, in which you request reconsideration of New York Ruling ("NY") G86595 dated February 15, 2001. You also request classification determinations with respect to three items which were not classified in G86595.

FACTS:

In G86595, the National Commodity Specialist Division determined that a wearable compact ionizer is classified in subheading 8536.30.80, Harmonized Tariff Schedule of the United States (“HTSUS”), as: “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits . . . for a voltage not exceeding 1,000 V: . . . Other apparatus for protecting electrical circuits: . . . Other.” The wearable compact ionizer, model TAS-10WC, was described as follows in G86595:

The primary function of this item, when worn around the neck, is to eliminate static electricity from the human body by releasing it to the air. It prevents unexpected electric damage to IC parts and other electronic components being handled. In your letter of May 7, 2001, you state, in pertinent part, with respect to the wearable compact ionizer:

Although the Ionizer can protect electrical circuits from damage, it is not its primary function. The primary function of the Ionizer is to remove static electricity and dust particles on machinery and products in various industrial applications . . . e.g., Electronic, Plastic molding and Coating industries. It neutralizes static electricity and removes dust particles on the surface of materials.

Additional information in the case file indicates that the wearable ionizer is used in the electronic industry; that it is a “wearable” unit, the only one of its kind in the world; and that it operates on a nine volt battery.

The three items which were not the subject of NY G86595 for which you now request a classification ruling are the model TAS-02C compact ionizer; the model TAS-20G air-gun style ionizer; and the model TAS-04D desk top ionizer.

The model TAS-02C compact ionizer is used in the electronic and plastic industries. For circuit board assembly processes, it “reduces product defects by eliminating static electricity from electrically sensitive parts.”

The model TAS-20G air-gun style ionizer is used in the painting industry. It “eliminates static electricity and dust particles from the work-piece on the plastics painting or metaling line.”

The model TAS-04D desk top ionizer is used in the electronic and plastic molding industries. This item eliminates dust particles resultant from static electricity which adhere to plastic pieces after the pieces cool down after coming off the production line.

Your Internet site indicates that the primary function of the four subject ionizers is the elimination of static electricity.

ISSUE:

What is the tariff classification under the HTSUS of the four subject ionizers?

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 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:

8536.30 Other apparatus for protecting electrical circuits:

8536.30.80 Other

8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof:

Other machines and apparatus:

8543.89 Other:

Other:

Other:

8543.89.96 Other.

EN 85.43 provides, in pertinent part: “This heading covers all electrical appliances and apparatus, not falling in any other heading of this Chapter, nor covered more specifically by a heading of any other Chapter of the Nomenclature, nor excluded by the operation of a Legal Note to Section XVI or to this Chapter.” [Emphasis in original.] Therefore, if an article is classified in heading 8536, HTSUS, it is not classified in heading 8543, HTSUS.

In your letter of May 7, 2001, you cite HQ 082701, dated October 12, 1988, where Customs classified an “Airtone Pulsar” air ionizer in subheading 8543.80.90, HTSUS. HQ 082701 was revoked by HQ 960993, dated April 19, 1999, wherein we classified the subject air ionizer in subheading 8421.39.80, HTSUS, as: “Filtering or purifying machinery and apparatus for gases: . . . Other: . . . Other,” based upon the finding that that air ionizer is primarily a purifying or filtering apparatus. We believe that the four ionizers at issue here are not primarily purifying or filtering apparatus.

After consideration of this matter, we conclude that all four items at issue (the model TAS-10WC wearable compact ionizer; the model TAS-02C compact ionizer; the model TAS-20G air-gun style ionizer; and the model TAS-04D desk top ionizer) are used for the elimination of static electricity. Therefore, we find that these articles are apparatus for protecting electrical circuits. They are classified in subheading 8536.30.80, HTSUS, as: “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 apparatus for protecting electrical circuits: . . . Other.”

Our determination is consistent with HQ 088063 dated January 9, 1991, where we found a Charge-Guard adjustable wrist strap whose purpose was to protect from damage caused by static electricity and other stray currents to be described in heading 8536, HTSUS.

HOLDING:

The model TAS-10WC wearable compact ionizer, the model TAS-02C compact ionizer, the model TAS-20G air-gun style ionizer, and the model TAS-04D desk top ionizer are classified in subheading 8536.30.80, HTSUS, as: “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 apparatus for protecting electrical circuits: . . . Other.”

EFFECT ON OTHER RULINGS:

NY G86595 is affirmed.

Sincerely,

John Durant, Director
Commercial Rulings Division


Previous Ruling Next Ruling

See also: