HQ 951805: Hybrid Microcircuit Assemblies (Radio Frequency "Mixers"); NY 834746 revoked; NY 875211 affirmed; Note 5(B)b to Chapter 85; Note 2(a) to Section XVI; EN 85.42; 8529.90.50, HTSUS

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 951805

                       September 18, 1992
                                                               


CLA-2 CO:R:C:M  951805 LTO

CATEGORY:  Classification

TARIFF NO.:  8542.20.00

Ms. Patricia E. Patrick
Watkins-Johnson Company
3333 Hillview Avenue
Stanford Research Park
Palo Alto, California 94304-1204

RE:  Hybrid Microcircuit Assemblies (Radio Frequency "Mixers");
     NY 834746 revoked; NY 875211 affirmed; Note 5(B)b to Chapter
     85; Note 2(a) to Section XVI; EN 85.42; 8529.90.50, HTSUS

Dear Ms. Patrick:

     This is in response to your letter of February 11, 1992,
requesting the classification of Radio Frequency "Mixers" under
the Harmonized Tariff Schedule of the United States (HTSUS). 
Your letter was referred to this office for a response.

FACTS:

     "Mixers" are hybrid microcircuit assemblies that use silicon
Schottky diodes or discrete diode integrated circuits to convert
the frequency of an incoming signal to a lesser or higher
frequency, which allows the efficient transmission or reception
of a radio signal.  "Mixers" are commonly used in microwave test
equipment, signal receivers, and radio receivers and
transmitters.  "Mixers" operate in frequencies not exceeding 31
GHz.

ISSUE:

     Whether the articles in question are classifiable as parts
of radios under subheading 8529.90.50, HTSUS.

LAW AND ANALYSIS:

     In NY 834746, dated January 10, 1989, a ruling issued to Ms.
n                             - 2 -

Kathy R. Chole at Watkins-Johnson Co., the articles in question
were held to be classifiable under subheading 8529.90.50, HTSUS,
as parts of radios.  Because the "Mixers" were products of the
Philippines, they were entitled to duty free treatment under the
Generalized System of Preferences (GSP) upon compliance with the
applicable regulations.  You now propose the importation of these
same "Mixers" from both the Philippines and from Thailand.  In a
telephone conversation with this office, you stated that you
wanted us to treat this ruling request as a reconsideration of NY
834746, inasmuch as complete information had not been submitted
to New York in connection with your request for a ruling.  

     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 that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ." 

     Note 2(a) to Section XVI states that "[p]arts 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." 
Therefore, the articles cannot be classified as parts of radios
under subheading 8529.90.50, HTSUS, if they are goods included in
Chapter 84 or 85.

     A more accurate and complete description of the product was
provided to our New York office in NY 875211, dated June 23,
1992, where the "Mixers" were held to be classifiable under
subheading 8542.20.00, HTSUS.  Heading 8542, HTSUS, provides for
"[e]lectronic integrated circuits and microassemblies."  Note
5(B)b to Chapter 85 states that for the purposes of Heading 8542,
HTSUS, electronic integrated circuits and microassemblies
include:

     Hybrid integrated circuits in which passive elements
     (resistors, capacitors, interconnections, etc.),
     obtained by thin- or thick-film technology, and 
     active elements (diodes, transistors, monolithic
     integrated circuits, etc.), obtained by semiconductor
     technology, are combined to all intents and purposes
     indivisibly, on a single substrate (glass, ceramic, 
     etc.).  These circuits may also include discrete
     components . . . 
     
     The articles in question consist of active and passive
components mounted on a ceramic substrate.  Thin-film technology
is used in the assembly process.

     The Harmonized Commodity Description and Coding System n- 3 -

Explanatory Notes (EN) constitute the Customs Co-operation
Council's official interpretation of the Harmonized System. 
While not legally binding, the ENs provide a commentary on the 
scope of each heading of the Harmonized System, and are generally
indicative of the proper interpretation of these headings.

     EN 85.42, pg. 1401, states that "[t]he components forming a
hybrid integrated circuit must be combined to all intents and
purposes individually, i.e., though some of the elements could
theoretically be removed and replaced, this would be a long and
delicate task which would be uneconomic under normal
manufacturing conditions [emphasis in original]."  You state that
the components cannot be easily removed and replaced under
ordinary manufacturing conditions.

     The "Mixers" are hybrid integrated circuits as defined by
Note 5(B)b to Chapter 85 and EN 85.42, pgs. 1400-1402, and by
reason of Note 2(a) to Section XVI are classifiable under
subheading 8542.20.00, HTSUS.

HOLDING:

     The Radio Frequency "Mixers" are classifiable under
subheading 8542.20.00, HTSUS, which provides for "[e]lectronic
integrated circuits and microassemblies . . . [h]ybrid integrated
circuits."  The corresponding rate of duty for articles of this
subheading is free.  

     Accordingly, NY 834746, dated January 10, 1989, is revoked. 
NY 875211, dated June 23, 1992, is affirmed.  

                              Sincerely,

                    


                              John Durant, Director
                              Commercial Rulings Division