HQ 085131: Trigger Switches for Hand-Operated Power Tools

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 085131

                                        October 26, 1989

            CLA-2:CO:R:C:G   085131 JAS

            CATEGORY:   Classification

            TARIFF NO.: 8536.50.0010

            David J. Levine, Esq.
            McDermott, Will & Emory
            1850 K Street, N.W.
            Washington, D.C. 20006-2296

            RE:  Trigger Switches for Hand-Operated Power Tools

            Dear Mr. Levine:

                 In your letter of June 27, 1989, on behalf of the SKIL
            Corporation, you inquire as to the tariff classification of
            certain trigger switch motor controlling devices from the
            Netherlands, used with SKIL's line of hand-held power tools.
            Ten (10) samples, each designated by part number, were
            submitted.

            FACTS:

                 Submitted pages of a SKIL brochure describe these parts as
            variable speed trigger switches.  Parts 351020 and 352588 are
            variable speed on/off trigger devices designed for use with the
            SKIL battery powered drill/screwdriver.  They activate the
            drill motor and regulate the two mechanical speeds (high rpm
            for drilling, low rpm-high torque for screwdriving).  Both
            devices also incorporate a finger operated forward/reverse
            lever.  Part 346618 is a variable speed on/off trigger device
            with recessed lock-on button, for use with several models of
            SKIL's variable speed drill and hammer drill.  Part 316707 is
            an identical part for use with SKIL's combination
            drill/screwdriver, hammer drill, power chisel.

                 Parts 348551 and 348553 are variable speed on/off trigger
            devices with recessed lock-on button, used with various models
            of the SKIL high torque variable speed drill and drywall
            screwdriver.  The tools themselves feature a separate reverse
            switch mounted on the handle.  Parts 304120 and 346612 are
            variable speed, on/off trigger devices with trigger lock-on,













                                         - 2 -

            for use with Skil's jigsaw line.  Part 315125 is identical to
            parts 304120 and 346612 and is used with the SKIL reciprocating
            saw.  Part 354415 is a variable speed, on/off trigger control
            (thumb operated) with trigger lock-on, for use with the SKIL
            belt sander.

                 You maintain that the articles in question are not merely
            electrical switches of the type previously classified under
            item 685.90, Tariff Schedules of the United States (TSUS), the
            predecessor tariff code to the present Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA).  Their
            adjustable trigger speed control and reverse function give them
            additional, nonsubordinate features not ordinarily associated
            with switches.  For these reasons you conclude that merchandise
            represented by the ten samples must be classifiable under the
            provision for parts of electromechanical domestic appliances,
            with self-contained electric motors, in subheading
            8509.90.4000, HTSUSA.

            ISSUE:

                 Do the trigger control devices incorporate features which
            would preclude their classification as electrical apparatus for
            making connections to or in electrical circuits, for example
            switches, for a voltage not exceeding 1,000 V, in heading 8536,
            HTSUS?

            LAW AND ANALYSIS:

                 General Rule of Interpretation (GRI) 1, HTSUS, states in
            part that for legal purposes classification shall be determined
            according to the terms of the headings and any relative section
            or chapter notes.

                 Section XVI, Legal Note 2(a), HTSUS, states that parts of
            machines which are goods included in any of the headings of
            chapters 84 and 85 are in all cases to be classified in their
            respective headings.  Whether or not the trigger switches may
            be parts of electromechanical hand tools, Legal Note 2(a)
            requires that they be classified in heading 3536 if that
            heading covers the merchandise.

                 Merchandise is normally classified according to its
            primary design, construction and function.  In its simplest
            terms, a switch is a device for making, breaking or changing
            the connections in an electrical circuit.  This is the primary
            function performed by the trigger control devices in issue.
            However, each of the parts also incorporates a resistor or
            rheostat that permits the operator of the hand tool to vary the
            resistance in the circuit, thereby varying the strength of the
            current which proportionately increases or decreases the speed
            of the tool's motor.  











                                         - 3 -

                 As to what effect, if any, the presence of a resistor
            might have on classification of these parts, relevant
            Explanatory Notes, which provide guidance in the interpretation
            of the headings in the Harmonized Commodity Description and
            Coding System, indicate that change-over switches, including
            starting switches for electric motors, of the type classifiable
            in heading 85.36, often include not only the switching gear,
            but also a number of resistors of the type covered by heading
            85.33 (electrical resistors including rheostats) to be switched
            in or out of the circuit as required.  Therefore, the presence
            of a resistor or rheostat will not remove the trigger control
            devices from classification in heading 8533, HTSUS.

                 Because it has been established that the primary function
            of the trigger control devices is to make/break the electrical
            circuit which starts and stops the tool's electric motor, and
            because no argument has been made that the forward/reverse
            feature most of the parts in issue possess is of coordinate or
            equal status, there is no compelling reason to remove the parts
            from classification in heading 8535.

            HOLDING:

                 Merchandise represented by the ten (10) submitted samples,
            is provided for as electrical apparatus for switching or
            protecting electrical circuits, or for making connections to or
            in electrical circuits, in heading 8536.  Classification is
            under the provision for other switches, motor starters, in
            subheading 8536.50.0010, HTSUSA, dutiable at the rate of 5.3
            percent ad valorem.



                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division