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NY K89192




September 21, 2004

CLA-2-85:RR:NC:MM:109 K89192

CATEGORY: CLASSIFICATION

TARIFF NO.: 8541.29.0095

Ms. Patricia Hansen
KMZ Rosenman
525 West Monroe Street
Suite 1600
Chicago, IL 60661-3693

RE: The tariff classification of the Fairchild Power Switch (FPS), Smart Power Module (SPM), and Low Dropout Regulator (LDO) from an unspecified country

Dear Ms. Hansen:

In your letter dated August 18, 2004, which was received in our office September 1, 2004, you requested a tariff classification ruling, on behalf of Fairchild Semiconductor Corporation.

Your request pertained to the classification of three different types of transistor modules. You identified them in your letter as a Fairchild Power Switch (FPS), Smart Power Module (SPM), and a Low Dropout Regulator (LDO).

The subject FPS, SPM, and LDO transistor modules are utilized in power supply/control applications in which the modules act as a gate for the flow of electricity. The operation of each of these transistor modules as a gate for the flow of electricity depends on changes in resistivity on the application of an electric field. These modules are also capable of amplification, oscillation, frequency conversion, or switching of electrical currents. Specific applications include, but are not limited to, battery chargers and adapters, mobile phones, PDAs, MP3s, C-TVs, monitors, PC auxiliary power, and consumer appliances.

The transistor modules are comprised of either: (1) single transistor and peripheral circuitry (consisting of a single integrated circuit) combined within a single package (FPS and LDO modules); or (2) two or more identical transistors and peripheral circuitry (consisting of one or more integrated circuits and other subordinate components) within a single package (SPM modules). The transistor component of the module would include either: (1) a field effect transistor (for example, metal oxide semiconductor field effect transistors (MOSFET) or sense Field Effect Transistors (SenseFET); or (2) a bipolar transistor (for example, insulated gate bipolar transistors (IGBT) or bipolar junction transistors (BJT).

The Fairchild Power Switch (FPS) consists of a SenseFET and a control integrated circuit (IC). The SenseFET is a 4-terminal device, which switches or amplifies large currents, via a change in its resistivity, to control the flow of power according to the input signal provided to the FPS. The control IC provides a signal that alters the resistivity of the SenseFET in response to the input signal provided to the FPS and also keeps the SenseFET from being damaged by abnormal conditions. The dissipation rate for the FPS products is below 190 watts.

The Smart Power Module (SPM) consists of transistors and other peripheral circuitry. The transistors can be either MOSFET or IGBTs, which are 3- or 4-terminal devices that switch or amplify large currents, via a change in their resistivity, to control the flow of power according to the input signal provided to the SPM. Other peripheral circuitry consists of diodes, control integrated circuits (ICs), and the FPAL- and FSAM-series of SPMs, a thermistor. The diodes are 2-terminal devices used for conditioning the current through the transistors and are connected in parallel to the transistors. The control ICs provide a signal that alters the resistivity of the transistors in response to the input signal provided to the SPM and also keeps the transistors from being damaged by abnormal conditions. The thermistor (if present) is a passive element that helps protect the transistors from overheating and thus damaging the transistors. The dissipation rate for the SPM products is larger than 1 watt.

The Low Dropout Regulator (LDO) consists of a transistor and a control integrated circuit (IC). The transistor is a 3-terminal device, which switches or amplifies large currents, via a change in its resistivity, to control the flow of power according to the input signal provided to the LDO. The control IC provides a signal that alters the resistivity of the transistor in response to the input signal provided to the LDO and prevents the transistor from being damaged by abnormal conditions. The dissipation rate for the LDO products is below 15 watts.

The transistor components in each of the transistor modules, FPS, SPM, and LDO, impart the principal and sole function of each module, with the peripheral circuitry contributing to this function, including acting as the transistor’s “firing circuitry.” The peripheral circuitry does not have any independent functions. The purpose of the peripheral circuitry is to assist the transistors in their functioning. Therefore, the peripheral circuitry is subsidiary to the functioning of the transistors. As such, the transistor components impart the essential character of the FPS, SPM, and LDO.

The applicable subheading for the Fairchild Power Switch (FPS), Smart Power Module (SPM), and Low Dropout Regulator (LDO) be 8541.29.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for “Diodes, Transistors; Transistors, other than photosensitive transistors: Other: 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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