HQ 081745: Tariff classification of a certain anti-static wristband

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 081745

                                    April 6, 1988




          CLA-2:CO:R:C:G   081745 PAM  827611

          CATEGORY:  Classification

          TARIFF NO.:  8543.80.90


          Mr. Steven A. Hite
          Managing Director
          Addventures Marketing Limited
          10329 S. 1540 W.
          Salt Lake City, Utah 84065

          RE:  Tariff classification of a certain anti-static wristband

          Dear Mr. Hite:

              Your letter of January 7, 1988, requesting a ruling on a cer-
          tain anti-static wristband from Japan has been forwarded to Head-
          quarters for disposition.  Our ruling on this merchandise
          follows.

          FACTS:

              The sample submitted for analysis (which was never actually
          received by this office) is referred to as a hand tooled proto-
          type, made from a plastic wristwatch case, of a device designed
          to eliminate static electric charges from the human body.  You
          state that: "[t]he configuration of the end product will only
          change slightly in that there will be a different design on the
          face plate."  The wristband will consist of a plastic housing
          with a metal plate backing, a condenser used to absorb a certain
          percentage of a static electric charge and a fiber with excep-
          tional static electric discharge properties.

          ISSUE:

              Whether this wristband qualifies as an electrical article by
          virtue of its function in collecting, storing and dissipating the
          charge of static electricity generated by human bodies.

















                                         -2-

          LAW AND ANALYSIS:

              Subheading 8543.80.90 of the Harmonized Tariff Schedule of
          the United States (HTSUS) provides for electrical machines and
          apparatus, having individual functions, not specified or included
          elsewhere in this chapter; parts thereof: other.  In order to be
          classified under this subheading the wristbands must perform an
          electrical function.  In addition to performing an electrical
          function, these wristbands cannot be more specifically provided
          for under a different provision of the HTSUS.

              When this wristband is worn by an individual the metal plate
          backing rests against the wrist and acts as an electrical conduc-
          tor.  Static charge is conducted by this plate to a condenser lo-
          cated flush against the metal plate backing on the inside of the
          plastic housing.  This condenser acts as a capacitor by tempo-
          rarily storing the electric charge.  This charge is eventually
          dissipated into the ambient atmosphere through numerous holes in
          the plastic housing.  Dispersion of the charge is accomplished
          because of the conductive nature of a fiberous disc surrounding
          the condenser.

          HOLDING:

              In view of the foregoing, the applicable HTSUS subheading is
          8543.80.90 which provides for electrical machines and apparatus,
          having individual functions, not specified or included elsewhere
          in this chapter; parts thereof: other, with duty at the rate of
          3.9 percent ad valorem.

              The applicable item number from the Tariff Schedules of the
          United States (TSUS) is 688.42 which provides for other electri-
          cal articles and electrical parts of articles, not specially pro-
          vided for elsewhere in the TSUS. The duty rate is 3.9 percent ad
          valorem.

                                            Sincerely,




                                            John Durant
                                            Acting Director
                                            Commercial Rulings Division




















          6cc:  Area Director, New York Seaport
          2cc:  Chief, CIE
          1cc:  John Durant
          PAMartin: