HQ 087830: Isolated Phase Bus, Continuous Enclosure Type; Insulated Electrical Conductor; Apparatus For Making Connections to or in Electrical Circuits

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 087830

                                           DEC 5 1990

            CLA-2:CO:R:C:G   087830 JAS

            CATEGORY:   Classification

            TARIFF NO.: 8544.45.5678, HTSUSA

            Jean Aiello
            The Wilson Group USA., Inc.
            1 Exchange Place
            Jersey City, N.J. 07302

            RE:  Isolated Phase Bus, Continuous Enclosure Type; Insulated
                 Electrical Conductor; Apparatus For Making Connections to
                 or in Electrical Circuits

            Dear Ms. Aiello:

                 In your letter of August 3, 1990, on behalf of COMSIP,
            INC., Linden, New Jersey, you inquire as to the tariff
            classification of electrical conductors from Mexico, Brazil or
            France.  Our ruling follows.

            FACTS:

                 Submitted literature describes the GEGELEC continuous
            enclosure type isolated-phase bus for use in generating sets
            installed in thermal, hydraulic and nuclear power stations.
            Its principal purpose is to conduct electricity between the
            generator and the main and auxiliary transformers.  It has been
            suggested that the bus also serves to make an electrical
            connection between the generator and transformers.

                 Each bus is an assembly consisting of a rigid conductor,
            connections and porcelain insulators, all enclosed in a
            circular aluminum duct.  The conductor itself consists of a
            bare octagonal duct made up of two 99.5 percent pure aluminum
            sections held together by welded spacers.  The connections
            consist of copper or aluminum braids for maximum short-circuit
            withstand capability.  The conductor is mounted on and
            supported by symmetrical shed porcelain insulators which also
            provide insulation for the connections.  They do not insulate
            the conductor.  For lower rated self-cooled isolated phase
            buses, a mat or matt paint provides a dull surface to the
            conductor which serves to increase its heat transfer emission
            capability.  Each enclosed bus is electrically isolated and
            separated from adjacent enclosures by an air space.











                                         - 2 -

            ISSUE:

                 Whether the isolated-phase bus is an insulated electric
            conductor for tariff purposes; whether it is electrical
            apparatus for making connections to or in electrical circuits.

            LAW AND ANALYSIS:

                 Merchandise is classifiable under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA) in accordance
            with the General Rules of Interpretation (GRIs).  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 and, provided the headings or
            notes do not require otherwise, according to GRIs 2 through 6.

                 The Explanatory Notes (ENs) constitute the Customs
            Cooperation Council's official interpretation of the Harmonized
            System.  While not legally binding on the contracting parties,
            and therefore not dispositive, the ENs provide a commentary on
            the scope of each heading of the Harmonized System and are thus
            useful in ascertaining the classification of merchandise under
            the System.  Customs believes the notes should always be
            consulted.  See T.D. 89-80.

                 Heading 8544 provides for insulated wire, cable and other
            insulated electric conductors.  Relevant ENs indicate the
            heading covers electric wire, cable and other conductors in
            electrical machinery, apparatus or installations, provided they
            are insulated.  The goods of heading 8544 contain one or more
            coverings of insulating material the aim of which is to prevent
            leakage of electric current from the conductor and to protect
            it from damage.  The insulating materials most often used are
            rubber, paper, plastics, asbestos, mica, micanite, glass fibre
            yarns, textile yarns, varnish, enamel, pitch, oil, etc.  In
            certain cases the insulation is obtained by anodising or by a
            similar process (e.g., the production of a surface coating of
            metallic oxides or salts).  The matt paint performs no
            insulation function.  Moreover, the air space between the inner
            conductor and the outer aluminum duct is insufficient in this
            regard, at least for purposes of heading 8544.

                 Heading 8535 provides, among other things, for electrical
            apparatus for making connections to or in electrical circuits,
            for a voltage exceeding 1,000 volts.  This heading covers
            electrical apparatus generally used in power distribution
            systems.  It includes but is not limited to fuses and automatic
            circuit breakers, make-and-break switches, lightning arresters,
            voltage limiters, isolating switches and surge suppressors.













                                      - 3 -

            The ENs to heading 8536 (a provision equivalent to heading 8535
            but for a voltage not exceeding 1,000 volts) apply, by
            appropriate substitution of terms, as regards the technical
            characteristics and the functioning of apparatus for making
            connections to or in electrical circuits.  Relevant ENs
            indicate that such apparatus is used to connect together the
            various parts of an electrical circuit, and includes plugs,
            sockets and other contacts, other connectors, terminals,
            terminal strips, and junction boxes.  These articles all share
            the common function of facilitating electrical connections.
            The isolated phase bus in issue here contains or incorporates
            such connectors but is not itself the connectors.  Its function
            is to transfer electrical current.  The merchandise here is to
            be distinguished from articles known as bus bars or bus
            connectore, classified under the HTSUSA's predecessor tariff
            code as articles for making connections to or in electrical
            circuits.

                 Heading 8543 provides for electrical machines and
            apparatus, having individual functions, not specified or
            included elsewhere in [Chapter 85].  The heading covers all
            electrical appliances and apparatus not falling in any other
            heading of chapter 85, not covered more specifically by a
            heading of any other chapter of the Nomenclature, and not
            excluded by a legal note to section XVI or to chpater 85.
            Goods of this heading must have individual functions.  This
            includes apparatus whose function can be performed
            independently of any other machine or appliance, as well as
            apparatus mounted on another machine or appliance provided the
            function is distinct from that performed by the machine or
            appliance. The isolated-phase bus here is electrical apparatus
            for tariff purposes.

            HOLDING:

                 Under the authority of GRI 1, the GEGELEC continuous
            enclosure type isolated-phase bus is provided for in heading
            8543.  Actual classification is in subheading 8543.80.9080,
            HTSUSA, electrical apparatus having individual functions, not
            specified or included elsewhere in [Chapter 85].  The rate of
            duty is 3.9 percent ad valorem.

                 Articles from Brazil classifiable in subheading 8543.80.90
            are eligible for duty-free entry under the Generalized System


















                                       - 4 -

            of Preferences (GSP) upon compliance with the law and
            applicable regulations.  Copies of these provisions are
            enclosed.


                                         Sincerely,



                                         John Durant, Director
                                         Commercial Rulings Division

            Enclosure