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NY K86456




June 15, 2004
CLA-2-85:RR:NC:1:110 K86456

CATEGORY: CLASSIFICATION

TARIFF NO.: 8538.90.8080

Mr. R. Kevin Williams
Rodriguez, O’Donnell, Ross, Fuerst, Gonzalez & Williams, P.C. 20 North Wacker Drive, Suite 1416
Chicago, IL 60606

RE: The tariff classification of electrical connector hoods and housings from Germany.

Dear Mr. Williams:

In your letter dated May 21, 2004, on behalf of your client Harting, Inc. you requested a tariff classification ruling.

The merchandise under consideration is hoods and housings for Han electrical connectors. A sample mock-up of a complete connector with wires connected was submitted with your ruling request as well as an additional sample of a larger hood and housing combination. The samples will be returned to you. The hoods and housings are the outermost components of the Han connectors. A complete connector consists of five components: hood, housing, male insert, female insert and contacts. The hoods and housings are constructed of die cast aluminum and are designed with locking levers or devices to provide a secure connection preventing accidental disconnect.

In your letter you suggest classification under 8536.90.4000 as electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits. Heading 8536, however, is for electrical apparatus used for making connections to or in electrical circuits such as switches, relays, fuses, plugs, sockets, etc. The hoods and housings under consideration are parts of the complete Han connectors. While these metal parts must be grounded for safety reasons under electrical codes, they are not designed for or intended to carry electrical current. They are, therefore, not considered electrical apparatus for making connections. They are noncurrent-carrying metal parts. Generally, parts are defined as committed for use and necessary to the operation of a product. These parts are designed and necessary to the proper operation and safety of the Han electrical connectors. Based on the information provided, the hood and housing parts in this ruling are principally used with these electrical apparatus.

Classification of parts is determined by Legal Note 2 to Section XVI, Harmonized Tariff Schedule of the United States (HTS), which states “Subject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, parts of machinesare to be classified according to the following rules:

Parts which are goods included in any of the headings of chapters 84 and 85are in all cases to be classified in their respective headings;

Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same headingare to be classified with the machines of that kindas appropriate.

All other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8485 or 8548.”

Noting Legal Note 2(b) to Section XVI of the HTS, these hoods and housings are designed and principally used with apparatus of heading 8536. Therefore, the hoods and housings are properly classified under heading 8538.

The applicable subheading for the Han electrical connector hoods and housings will be 8538.90.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Other: Other: Other.” The general rate of duty will be 3.5 percent ad valorem.

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 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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