HQ 951719: Capless Starter Sub-assembly; EN 85.36; GRI 2(a)

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 951719

                          June 26, 1992



CLA-2 CO:R:C:M  951719 LTO

CATEGORY:  Classification

TARIFF NO.:  8536.50.00

Mr. Al Wyckoff
Charles A. Redden, Inc.
Hemisphere Center
Route 1 & 9 South
Newark, N.J. 07114

RE:   Capless Starter Sub-assembly; EN 85.36; GRI 2(a)

Dear Mr. Wyckoff:

     This is in response to your letter of March 30, 1992,
requesting the classification of capless starter sub-assemblies
under the Harmonized Tariff Schedule of the United States
(HTSUS).  Your letter was referred to this office for a response.
Your questions concerning the qualification of this merchandise
under Heading 9802.00.80, HTSUS, or the Caribbean Basin Economic
Recovery Act (CBERA) have been referred to the Special
Classification Branch at Headquarters.  They will issue a
separate ruling.

FACTS:

     The articles in question are capless starter sub-assemblies.
These sub-assemblies are composed of the following components: a
disc; a glow bulb; capacitors; and solder.  Once imported, outer
shells will be added to the sub-assemblies to form a complete
starter.  The complete starter will be attached to a fluorescent
light, where it will act as a switch.

ISSUE:

     Whether the capless starter sub-assemblies have the
essential character of complete starters.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
                              - 2 -

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 . . . ."  Heading 8536,
HTSUS, provides for "[e]lectrical apparatus for switching or
protecting electrical circuits . . . for a voltage not exceeding
1,000 V."

     The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Co-operation
Council's official interpretation of the Harmonized System.
While not legally binding, they provide a commentary on the scope
of each heading of the Harmonized System, and are generally
indicative of proper interpretation of these headings.  EN 85.36,
pg. 1389, states that the apparatus for switching electrical
circuits covered by Heading 8536, HTSUS, "consist essentially of
devices for making or breaking one or more circuits in which they
are connected, or for switching from one circuit to another."  EN
85.36, pg. 1389, further states that Heading 8536, HTSUS, covers
"automatic thermo-electric switches (starters) for starting
fluorescent lamps."

     The articles in question are capless starter sub-assemblies.
As imported, they consist of a disc, a glow bulb, capacitors and
solder.  After importation, the sub-assemblies are further
processed, by the addition of an outer shell, into a finished
starter.  This finished starter, which is attached to a
fluorescent light, is covered by Heading 8536, HTSUS.

     GRI 2(a) provides as follows:

     Any reference in a heading to an article shall be
     taken to include a reference to that article
     incomplete or unfinished, provided that, as entered,
     the incomplete or unfinished article has the
     essential character of the complete or finished
     article.

It is our opinion that the sub-assemblies in question have the
"essential character" of complete starters.  Thus, they are
classifiable under Heading 8536, HTSUS, specifically under
subheading 8536.50.00, HTSUS, which describes "other switches."

HOLDING:

     The articles in question are classifiable under subheading
8536.50.00, HTSUS, which provides for "[e]lectrical apparatus for
switching or protecting electrical circuits . . . for a voltage
                              - 3 -

not exceeding 1,000 V . . . [o]ther switches."  The corresponding
rate of duty for articles of this subheading is 5.3% ad valorem.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division