HQ 086766: Filtered RF Connectors

us-cbp-cross-rulings-hq-086766HQ 086766: Filtered RF ConnectorsGuidance

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 086766

                          June 25, 1990

CLA-2 CO:R:C:G AJS

CATEGORY: Classification

TARIFF NO.: 8536.69.00; 8473.30.40

Mrs. Debbie Dixon
Distribution Supervisor
Amphenol Canada Corp.
20 Melford Drive
Scarborough, Ontario
Canada, M1B2X6

RE: Filtered RF Connectors

Dear Mrs. Dixon:

     This letter is in response to your request of March 14, 1990
for reconsideration of ruling letter NY 848803 (January 26,
1990)

FACTS:

     The articles in question are the 456-102 TNC and 456-107
BNC filtered RF connectors.  They are used to provide capacitive
decoupling between the connector's body and mounting panel.  This
decoupling allows electromagnetic interference (EMI) emissions to
be shunted from the coaxial shield to the chassis ground.  The
filtering process does not effect the signal, but only the
shield-to-ground connection.

     Filtered RF connectors are capable of applications with
computers, telephone equipment, industrial controllers and other
areas where the circuitry is subject to EMI emissions.

ISSUE:

     Whether the articles in question are classifiable within
subheading 8536.69.00, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for "[e]lectrical
apparatus . . . for making connections to or in electrical
circuits . . . for a voltage not exceeding 1,000 V: [o]ther.";




                               -2-


or within subheading 8473.30.40 which provides for parts and
accessories of automatic data processing (ADP) machines not
incorporating a cathode ray tube.

LAW AND ANALYSIS

     Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's).  GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes.

     Subheading 8473.30.40, HTSUSA, provides for parts and
accessories of ADP machines.  You claim that the articles in
question are used with ADP machines and therefore should be
classifiable as a part and accessory of an ADP machine.
However, parts 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.  Section XVI, Note 2(a).  This conclusion is
warranted even if the part is specially designed to work as part
of a specific machine.  Section XVI General EN (II).  Therefore,
the fact that the filter connectors at issue are designed to work
with ADP machines does not preclude them from classification
within heading 8536.  If they are described by the terms of
another heading within chapters 84 or 85 they are classifiable in
that heading.

     Heading 8536, HTSUSA, provides for electrical apparatus for
making connections to or in electrical circuits for a voltage not
exceeding 1,000 V.  These apparatus are used to connect together
the various parts of an electrical circuit.  Explanatory Note
(EN) 85.36(III).  The filter connections in question satisfy this
description.  They are used for making connections in electrical
circuits and to filter out EMI in these connections.  More
specifically, they are described by the terms of subheading
8636.69.00 which provides for other connectors.  Based on the
fact that the articles in question are described by the terms of
heading 8536, they cannot be classified as a part of an ADP
machine.

HOLDING:

     Upon reconsideration we conclude that the filter connectors
in question are properly classifiable within subheading
8536.69.00, HTSUSA, which provides for electrical apparatus for
making connections to or in electrical circuits, dutiable at the
rate of 5.3 percent ad valorem.



                               -3-


                                      Sincerely,


                                      John Durant, Director
                                      Commercial Rulings Division

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