HQ 084190: Decision on Difference of Opinion Reported on Customs Form 6431, Dated April 16, 1986, Concerning the Classification of Plastic Enclosures and Accessories.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084190

                                    July 31, 1989

          CLA-2  CO:R:C:G  084190 APS

          CATEGORY:  CLASSIFICATION

          TARIFF:  685.90, 657.25, 774.55

          Ms. Angela DeGaetano
          Chief, Customs Information Exchange
          6 World Trade Center
          New York, New York 10048

          RE:   Decision on Difference of Opinion Reported on Customs Form
                6431, Dated April 16, 1986, Concerning the Classification
                of Plastic Enclosures and Accessories.

          Dear Ms. DeGaetano:

               In a memorandum of October 15, 1986, you requested
          assistance in resolving a difference of opinion reported on
          Customs Form 6431, dated April 16, 1986, from the port of
          Champlain N.Y.  The merchandise is a polyester enclosure, a metal
          flat plate chassis, and a Zintex mounting plate entered on Entry
          No. 86-151080-7 on March 7, 1986.

               The model 9017 enclosure is used to house electrical
          components.  The enclosure is designed for use where harsh
          environmental conditions exist, such as in the chemical, mining,
          and food processing industries.  The enclosure is constructed of
          Noryl, a polycarbonate plastic which is usually not reinforced,
          and incorporates metal and nylon components and a neoprene
          gasket.  The enclosure is double insulated, watertight,
          weatherproof, anti-corrosive and self-extinguishing.  The
          literature describes the enclosure and functionally similar
          products as enclosures, industrial enclosures, industrial boxes,
          junction boxes, pushbutton enclosures, terminal boxes, and
          control enclosures.

               The issue presented is whether the model 9017 enclosure is
          classifiable under the provision for other articles not specially
          provided for, of rubber or plastic, in item 774.55, Tariff
          Schedules of the United States (TSUS), or under the provision for
          other electrical apparatus and parts thereof, in item 685.90,
          TSUS.















                                        - 2 -


               Since the provision of item 685.90, TSUS, is more specific
          than item 774.55, TSUS, the issue is whether the enclosure and
          accessories are the electrical articles and parts thereof
          provided for in item 685.90, TSUS.

               The classification of enclosures and cabinets was the
          subject of two earlier Headquarters letters.  In 057093 of
          October 12, 1978 an industrial enclosure made of 14 gauge cold
          rolled steel with all metal surfaces pre-treated and coated with
          phosphate material followed by an electrostatically applied heat-
          fused powder coating were held to be classifiable under item
          657.20, TSUS.  Classification under item 685.90, TSUS, was
          considered and held to be inapplicable.  We held that item 685.90
          pertains to the actual electrical apparatus and not the housing
          in which the apparatus is enclosed.  The implication in that
          decision was that there was no dedication to use with any
          electrical components.

               Again, in Headquarters letter 076636 of September 18, 1986
          we ruled on merchandise described as wall mounted electrical
          cabinets which were steel boxes of various sizes, with doors,
          used in industry for housings for circuitry.   Although the
          thrust of the decision pertained to the question of whether the
          boxes were furniture we also discussed classification under item
          657.25, TSUS vis-a-vis item 685.90, TSUS.  Although somewhat
          inartfully expressed, the holding there was that cabinets of a
          general purpose type for housing electrical apparatus were
          classifiable under item 657.25, TSUS whereas those which were
          actually part of the electrical circuitry were classifiable under
          item 685.90, TSUS.

               The reasoning in these decisions foreshadowed the treatment
          of junction boxes under the Harmonized Tariff Schedule.  As the
          Explanatory Notes to section XVI, chapter 85 at page 1390
          provide, junction boxes fitted internally with terminals or other
          devices for connecting together electrical wires are classifiable
          in Chapter 85.  Those junction boxes not fitted with means of
          electrical connection, but used solely as a protective cover or
          to hold an insulating compound over a joint made independently
          are classified elsewhere according to their constituent material.





















                                        - 3 -


               Regarding the plastic boxes which are the subject of this
          difference of opinion, we are unable to offer definite advice
          because it is unclear whether the boxes are merely housings or
          whether they form part of the electrical circuitry.  The
          difference should be resolved in accordance with the principles
          expressed above.

                                       Sincerely,



                                       John Durant, Director
                                       Commercial Rulings Division