HQ 083064: Filament bypass circuit

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 083064

                       September 26, 1989


CLA-2 CO:R:C:G  083064  JMH

CATEGORY:  Classification

TARIFF NO.:  8543.80.90

Mr. Frank A. Denny
Vice President
Marketing
Chiu Technical Corporation
252 Indian Head Road
Kings Park, New York   11754

RE:  Filament bypass circuit

Dear Mr. Denny:

     Your letter of September 16, 1988, requesting a
classification ruling under the Harmonized Tariff Schedule of the
United States (HTSUSA) has been referred to this office for a
reply.

FACTS:

     The "filament bypass circuit" in question is a semiconductor
device.  This apparatus replaces a transformer in certain
lighting arrays used to display a name or message for hotels,
nightclubs, or other similar establishments.  These lighting
arrays operate on a "series" electrical circuit that deprives
line voltage to any functioning light bulbs when a single bulb in
the array burns out.

     When the "filament bypass circuit" is used in the lighting
array, the burned out bulb is bypassed and line voltage continues
to be transmitted to the operating bulbs.  Defective bulbs are
easily replaced, and the name or message projected by the array
remains illuminated by the functioning bulbs.

     This device consists of a diode and a Sidac, both of which
are purchased in the United States.  These components are sent to
Taiwan where they are assembled by soldering to form a complete
circuit.  The complete circuit is then encapsulated in an epoxy.



                               -2-

ISSUE:

     What is the appropriate classification of the "filament
bypass circuit under the Harmonized Tariff Schedule of the
United States (HTSUSA)?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's).  GRI 1 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..."

     The circuit in question is made of components.  These
components "contribute together to a clearly defined function"
and must be "classified in the heading appropriate to that
function."  Section XVI, Note 4, HTSUSA.

     It is opinion of this office that the heading appropriate to
the function is 8543, HTSUSA.  Heading 8543, HTSUSA, describes
"Electrical machines and apparatus, having individual functions,
not specified or included elsewhere in this chapter; parts
thereof..."

HOLDING:

     The proper classification for the "filament bypass circuit"
is under heading 8543.80.90, HTSUSA.  The rate of duty is 3.9
percent ad valorem.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Director