HQ 082654: Classification of a speed control for assembly to a sawing machine

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 082654

                                     July 28, 1989


            CLA-2:CO:R:C:G  082654 KK 830690

            CATEGORY:  Classification

            TARIFF NO.:  682.60; 8504.40.00, HTSUSA

            Mr. Mike Vogt
            Fritz Companies, Inc.
            1722 QQ South Glenstone
            Springfield, Missouri  65804

            RE:  Classification of a speed control for assembly to a sawing
                 machine

            Dear Mr. Vogt:

                 Your request for a binding ruling addressed to our New
            York office, concerning the classification of a speed control
            for assembly to a sawing machine was referred to this office
            for a direct reply to you.

            FACTS:

                 The subject merchandise, comprised of a printed circuit
            board assembly which includes two wire leads, a potentiometer,
            trimpotentiometer, resistor, capacitor and a silicon controlled
            rectifier enclosed in an aluminum jacket, effects speed control
            of a sawing machine through voltage regulation.  The speed
            control is to be imported from Holland for assembly to a sawing
            machine.

            ISSUE:

                 Whether the speed control device described above is
            properly classifiable as electrical switches . . . and control
            panels . . . and parts thereof in item 685.90, TSUS; or as
            generators, motors . . . and parts thereof . . . other,
            rectifiers and rectifying apparatus, in item 682.60, TSUS; or
            in some other provision(s) of the tariff schedules.




















                                         - 2 -

            LAW AND ANALYSIS:

                 Regarding the possible classification of the device under
            the provision for electrical switches . . . and control panels
            . . . and parts thereof in item 685.90, TSUS, our ruling of
            January 15, 1970, ORR Ruling 1117-70, is instructive.  In that
            case, we classified a speed control unit (consisting of a
            rectifier, capacitor, fixed and variable resistors, transistors
            and switches) designed for voltage control of agricultural
            machinery under the provision for rectifying apparatus in item
            682.60, TSUS.

                 We believe that the speed control device in the instant
            case is analogous to the speed control in ORR Ruling 1117-70,
            insofar as the former is not itself a control panel, but rather
            is a device that controls line voltage through reactance
            variation.  Accordingly, the speed control device is not
            classifiable under the provision for electrical switches . . .
            and control panels . . . and parts thereof in item 685.90,
            TSUS.

                 Also relevant to the possible classification of the speed
            control device in item 682.60, TSUS, is the well established
            classification principle which states that where an article is
            in character or function something other than as described by a
            specific statutory provision -- either more limited or more
            diversified -- and the difference is significant, it cannot
            find classification within such provision.  Robert Bosch Corp.,
            Arthur J. Fritz & Co., v. United States, 63 Cust. Ct. 96, 103,
            C.D. 3881 (1969).  In the instant case, then, for the speed
            control unit to fall within an eo nomine provision for an
            article it cannot be "more than" that article.

                 In this regard, we believe that the speed control does not
            constitute "more than" rectifier and rectifying apparatus in
            item 682.60, TSUS.  Analogous to the speed control device in
            this case is a similar device that was the subject of our
            ruling of August 18, 1977, file 048817, wherein we determined
            that a certain battery charger, consisting of a transformer,
            rectifier, line card and three-pronged connector, the chief
            function of which was to convert alternating current to
            directcurrent for use in battery powered calculators, was
            classifiable as rectifiers and rectifying apparatus in item
            682.60, TSUS.  In that case, we cited the Customs Court's


















                                         - 3 -

            ruling in Craig Corporation v. United States, 73 Cust. Ct. 161,
            C.D. 4622 (1975), which held certain foot switches were not
            "more than" switches since the presence of various other
            components (housing, pedal, springs, electrical cord and plug)
            were directly related to the operation of the switch.  (See
            also our ruling of November 26, 1984, file 074063, holding a
            certain ceiling fan speed control device consisting of
            capacitors, resistors, potentiometers, head wires and sleeving
            classifiable as transformers in item 682.05, TSUS.)

            HOLDING:

                 In view of the foregoing, the speed control device in
            question is properly classifiable as generators, motors, motor-
            generators, converters (rotary or static), transformers,
            rectifiers and rectifying apparatus . . . and parts thereof,
            other, in item 682.60, TSUS, dutiable at the rate of 3 percent
            ad valorem.

                 The Harmonized Tariff Schedule of the United States
            Annotated (HTSUSA) replaces the TSUS in January 1989.  The
            HTSUS provision applicable to the above described merchandise
            is subheading 8504.40.00, as electrical transformers, static
            converters (for example rectifiers) and parts thereof, static
            converters, rectifiers and rectifying apparatus, power
            supplies, of a rated power output not exceeding 500 watts,
            dutiable at the rate of 3 percent ad valorem.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division





















            6cc:  Area Director, New York Seaport
            KKeefe:jaj:1/17/89 rt/gc/3/9/89