HQ 084411: NYRL 836990 affirmed. solid state device, which has two or more thyristors or rectifier junctions encapsulated in a plastic isolated housing.

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 084411

                                    August 22, 1989

            CLA-2 CO:R:C:G  084411  VEA

            CATEGORY: Classification

            TARIFF NO.: 8504.40.0025

            Homi Kerawalla, Traffic Manager
            International Rectifier Corp.
            233 Kansas Street
            EL Segundo, California 90245

            RE:  NYRL 836990 affirmed.  solid state device, which has two
            or more thyristors or rectifier junctions encapsulated in a
            plastic isolated housing.

            Dear Mr. Kerawalla:

                   Your letter of March 31, 1989, requests reconsideration
            of a New York ruling dated March 3, 1989 (File 836990), which
            classified power modules in subheading 8504.40.0025 of the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).


            FACTS:

                   The merchandise consists of a solid state device, which
            has two or more thyristors or rectifier junctions encapsulated
            in a plastic isolated housing.  The device has the  specific
            function of rectifying alternating current to direct current
            while controlling large amounts of power.

                   Our New York office classified the device in subheading
            8504.40.0025 as rectifiers and rectifying apparatus.  You
            disagree with this classification claiming that the articles
            should be classified as diodes in subheading 8541.10.00, or as
            thyristors, diacs, and triacs, other than photosensitive
            devices in subheading 8541.30.00.  You state that heading 8504
            is not the appropriate heading for classifying these articles,
            because it applies to a complete apparatus that utilizes
            rectifier components, not to the rectifier or SCR components
            themselves.


            ISSUE:

                   Whether power modules are rectifiers and rectifying
            apparatus classified in heading 8504, or in heading 8541,
            HTSUSA.











                                         - 2 -


            LAW AND ANALYSIS:

                   The General Rules of Interpretation (GRI's), the legal
            principles by which merchandise is classified, govern
            classification under the HTSUSA.  GRI 1, states in part, that
            the primary consideration in determining whether merchandise
            should be classified in a heading should be given to the
            language of the heading and to any relevant chapter or section
            notes.  The headings at issue in this case, 8504 and 8541
            provide:

                   8504     Electrical transformers, static converters (for
                            example, rectifiers) and inductors: parts
                            thereof:


                   8504.40.00        Static converters




                    *    *    *    *    *    *    *    *    *    *     *

                   8541     Diodes, transistors and similar semiconductor
                            devices; photosensitive semiconductor devices,
                            including photovoltaic cells whether or not
                            assembled in modules or made up into panels;
                            light-emitting diodes; mounted piezoelectric
                            crystals; parts thereof:

                   According to the language of 8504, classification in
            that heading requires that the article be an electrical
            transformer; static converter, for example, rectifier or
            rectifying apparatus; or inductor.  The IEEE Standard
            Dictionary of Electrical and Electronics defines a static
            converter as a unit that employs static switching devices such
            as metallic controlled rectifiers, transistors, electronic
            tubes, or magnetic amplifiers.

                   The Explanatory Notes for heading 8504 state that the
            apparatus of this group are used to convert electrical energy
            in order to adapt it for further use.  They may also
            incorporate various auxiliary devices (e.g. transformer,
            induction coils, resistors, command regulators, etc.)  Their
            operation is based on the principle that the converting
            elements act alternatively as conductors and non-conductors.















                                         - 3 -


            This group includes rectifiers, by which alternating current
            (single or polyphase) is converted to direct current, generally
            accompanied by a voltage change.

                   The article at issue is a rectifying apparatus and is
            specifically described in heading 8504.  Your submission states
            that it consists of two or more rectifying junctions
            encapsulated in a plastic isolated housing, which has the
            function of rectifying alternating current into direct current
            at high power.  Your argument that these articles cannot be
            described in heading 8504 because it applies to complete
            apparatus that utilize rectifier components and not to the
            rectifier or SCR components themselves, is without merit.  The
            language of heading 8504 states that it applies to static
            converters.  Rectifiers or rectifying apparatus are listed as
            types of static converters included in this heading.


            HOLDING:

                   Power modules are rectifying apparatus classified in
            heading 8504, subheading 8504.40.0025, HTSUSA.



                                      Sincerely,




                                      John Durant, Director
                                      Commercial Rulings Division