HQ 951230: Protest No. 3195-91-100144; Solenoid; Electromagnet

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 951230

                          June 29, 1992

CLA-2 CO:R:C:M  951230 MBR

CATEGORY:  Classification

TARIFF NO.:  8505.90.80

District Director
U.S. Customs
620 East 10th Ave., Rm 101
Anchorage, Alaska 99501

RE:  Protest No. 3195-91-100144; Solenoid; Electromagnet

Dear Sir:

     This is our response to Protest Number 3195-91-100144, dated
June 13, 1991, on behalf of Densitron Corp., regarding
classification of a "Solenoids," imported from Japan, under the
Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

     A "solenoid" is defined by Webster's New World DIctionary,
Third College edition (1988) as "a coil of wire, usually wound in
the form of a helix, that acts like a bar magnet when carrying a
current: used in brakes, switches, relays, etc."  The instant
solenoids are electromagnetic devices used by the Department of
Defense in Mavrick missiles.

ISSUE:

     What is the classification of "solenoids" used in the
manufacture of Mavrick missiles, under the Harmonized Tariff
Schedule of the United States (HTSUS)?

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1
states, in pertinent part:

     ...classification shall be determined according to the terms 
    of the headings and any relative section or chapter notes...



                               -2-

     The importer argues that the instant solenoids function as
electromagnets.  We agree.  The Harmonized Commodity Description
and Coding System Explanatory Notes (EN), page 1340, for heading
8505, states in pertinent part: 

     This heading covers electro-magnets, those electro-magnet
     operated appliances specially listed in the heading, permanent
     magnets and permanent magnet work holders.

     (1) Electro-magnets

          These are of various sizes and shapes according to the
          use for which they are intended.  They consist
          essentially of a coil of wire wound around a core of soft
          iron, this core being either in one piece or laminated. 
          The passing of electric current in the coil confers
          magnetic properties on the core, which can be used either
          for attraction or repulsion.

     The port classified the instant solenoids under subheading
8501.10.40, HTSUS, which provides for: [e]lectric motors and
generators (excluding generating sets): [m]otors of an output not
exceeding 37.5 W: [o]f under 18.65 W: [o]ther."  

     However, GRI 3.(a) provides in pertinent part that: "[t]he
heading which provides the most specific description shall be
prefered to headings providing a more general description."  The
Harmonized Commodity Description and Coding System Explanatory
Notes (ENs) regarding GRI 3(a), page 3, state:

     (IV) It is not practicable to lay down hard and fast rules by
          which to determine whether one heading more specifically
          describes goods than another, but in general it may be
          said that:

          (a)  A description by name is more specific than a
               description by class (e.g., shavers and hair
               clippers, with self-contained electric motor, are
               classified in heading 85.10 and not in heading 85.08
               as electro-mechanical tools for working in the hand
               or in heading 85.09 as electro-mechanical domestic
               appliances with self-contained electric motor).

     Therefore, similarly, it is our position that the description
by the name of "Electro-magnets" is more specific than the
description by class of "electric motors."






                               -3-

HOLDING:

     The "Solenoids" are properly classifiable in subheading
8505.90.80, HTSUSA, which provides for: "[e]lectromagnets: [o]ther,
including parts: [o]ther." 

     The protest should be allowed in full.  A copy of this
decision should be attached to the Customs Form 19 and provided to
the protestant as part of the notice of action on the protest.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division