HQ 087794: Black Box units most specifically described as electrical apparatus for switching electrical circuits for a voltage not exceeding 1000 V. GRI 3(a), electrical switches.

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 087794

                        October 10, 1990

CLA-2 CO:R:C:G  087794  JMH

CATEGORY:  Classification

TARIFF NO.:  8536.50.00

Ms. Joanne Thompson
Export Regulations Administrator
International Sales
Black Box Corporation
P.O. Box 12800
Pittsburgh, PA  15241

RE:  Black Box units most specifically described as electrical
     apparatus for switching electrical circuits for a voltage
     not exceeding 1000 V.  GRI 3(a), electrical switches.

Dear Ms. Thompson:

     Your July 31, 1990, request for a classification ruling
under the Harmonized Tariff Schedule of the United States
Annotated ("HTSUSA")for certain electrical switches was referred
to this office for a reply.

FACTS:

     The article in question is the Black Box to be imported from
Canada and Taiwan by the Black Box Corporation of Pittsburgh,
Pennsylvania.  The Black Box is exactly that, a black box.  Its
internal components include female multi-pin connectors at one
end of the box, a switch at the other end, a circuit board with
the necessary contacts between the connectors and the switch, and
a ribbon-type insulated electrical conductor that attaches to the
connectors and the switch.  The Black Box has a two or four
position rotary switch on the exterior front panel.  The box is
used to connect and conduct electrical energy to compatible
automatic data processing units --  terminals, printer, modems,
etc.

     You state that you have been exporting the Black Box under
subheading 8473.30., HTSUSA, as "Parts and accessories...suitable
for use solely or principally with machines of headings 8469 to
8472...Parts and accessories of the machines of heading 8471..."
However, upon importation into the United States the Black Box is
being classified in subheading 8536.50.00, HTSUSA, as "Electrical

                               -2-


apparatus for switching or protecting electrical circuits, or
for making connections to or in electrical circuits (for example,
switches, relays, fuses, surge suppressors, plug, sockets, lamp-
holders, junction boxes), for a voltage not exceeding 1,000
V...Other switches..."

ISSUE:

     Whether the Black Box is classified in subheading
8473.30.80, HTSUSA, as "Parts and accessories...suitable for use
solely or principally with machines of headings 8469 to
8472...Parts and accessories of the machines of heading
8471...Other...", or in subheading 8536.50.00, HTSUSA, as
"Electrical apparatus for switching or protecting electrical
circuits, or for making connections to or in electrical circuits
(for example, switches, relays, fuses, surge suppressors, plug,
sockets, lamp-holders, junction boxes), for a voltage not
exceeding 1,000 V...Other switches..."

LAW AND ANALYSIS:

     The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's).  GRI 1,
HTSUSA, 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 and...according to the
following provisions..."  The headings in contention are headings
8473 and 8536, HTSUSA.  The terms of these headings describe the
following:

     8473      Parts and accessories (other than covers,
               carrying cases and the like) suitable for use
               solely or principally with machines of
               headings 8469 to 8472...

*    *    *    *    *    *    *    *    *    *    *    *    *

     8536      Electrical apparatus for switching or
               protecting electrical circuits, or for making
               connections to or in electrical circuits (for
               example, switches, relays, fuses, surge
               suppressors, plug, sockets, lamp-holders,
               junction boxes), for a voltage not exceeding
               1,000 V...

     You believe that the Black Box meets the terms of heading
8473.  To be classified in heading 8473 the Black Box must meet
be (1) a part or accessory of automatic data processing machines
("ADPs") (but not a cover, carrying case or the like), (2)
suitable for use principally or solely with ADPs, and (3) ADPs
must be classified in headings 8469, 8470 or 8471.
                               -3-


     Heading 8473 describes "parts" and "accessories."  Parts are
items which are necessary or integral to the functioning of the
unit.  Accessories are items which enhance or supplement the
function of an article.  The Black Box is used to make the
operation of ADP components more efficient.  It is not necessary
to the functioning of ADP components.  Therefore, the Black Box
is an accessory of ADPs.  The descriptive literature indicates
that the Black Box is designed for use at least principally and
possibly solely with ADPs.  Automatic data processing units
(ADPs) are classified in subheading 8471, HTSUSA, one the
headings referred to by heading 8473.  Thus, the terms of heading
8473 are met.

     Upon importation the Black Box has been classified under
heading 8536.  You believe that since the switch on the front
panel of the Black Box is rotated manually that the Black Box is
not an "electrical apparatus" within the terms of heading 8536.
However, the Explanatory Notes to the HTSUSA indicate that
heading 8536 describes "electrical apparatus" as apparatus
capable of conducting electricity through circuitry.  Both manual
and automatic switches are included in this heading.  Explanatory
Note 85.36, Harmonized Commodity Description and Coding System
("HCDCS"), Vol. 4, p. 1389.  The Explanatory Notes, although not
dispositive, are to be looked to for the proper interpretation of
the HTSUSA.  54 Fed. Reg. 35127, 35128 (August 23, 1989).

     Furthermore, a switch for electrical systems is "a device
for opening and closing or for changing the connection of a
circuit.  I.E.E.E. Standard Dictionary of electrical and
Electronics Terms, p. 694 (1977).   The Black Box is used to
open, close or change electrical circuits of a voltage not
exceeding 1,000 V.  Thus, the terms of heading 8536 are met.

     Along with the headings, the Section XVI and Chapters 84 and
85 notes must be examined.  The only applicable note, Section
XVI, Note 2, HTSUSA, defines the classification procedure for
parts of the headings of Chapters 84 and 85.  The Black Box is
not a part of an ADP, but is an accessory.  Therefore, Section
XVI, Note 2 does not pertain to the classification of the Black
Box.

     Since the notes are not decisive, the "following provisions"
mentioned in GRI 1 must be utilized.  GRI 3, HTSUSA, one of the
"following provisions", addresses when an article is classifiable
under two or more headings.  GRI 3(a), HTSUSA, requires that when
an article is classifiable under two or more headings, the
heading which provides the most specific description is preferred
over the heading which provides a general description.  Heading
8536 specifically describes the Black Box.  The Black Box is an
electrical switch for a voltage of not more than 1000 V.  Heading
8473 only generally describes the Black Box.  Therefore, the
                               -4-


Black Box is properly classified under heading 8536.  The
appropriate classification for the Black Box is in subheading
8536.50.00, HTSUSA, as "Electrical apparatus for switching or
protecting electrical circuits, or for making connections to or
in electrical circuits (for example, switches, relays, fuses,
surge suppressors, plug, sockets, lamp-holders, junction boxes),
for a voltage not exceeding 1,000 V...Other switches..."

HOLDING:

     The Black Box, in accordance with GRI 3(a) and 1, is
classifiable in heading 8536.  The proper classification is in
subheading 8536.50.00, HTSUSA, as "Electrical apparatus for
switching or protecting electrical circuits, or for making
connections to or in electrical circuits (for example, switches,
relays, fuses, surge suppressors, plug, sockets, lamp-holders,
junction boxes), for a voltage not exceeding 1,000 V...Other
switches..."

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division