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NY C84183




February 24, 1998

CLA-2-85:RR:NC:1: 112 C84183

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9070; 8538.90.8080; 3919.90.5060

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of a membrane switch and a graphic overlay. The country of origin is not stated.

Dear Mr. Ralston:

In your letter dated January 28, 1998, on behalf of Memtronik, Inc., you requested a tariff classification ruling.

As indicated by the submitted samples and descriptive literature, the membrane switch consists of an overlay, an adhesive layer, a flexible base with electronic circuits containing 16 switches with attached connector, and a bottom adhesive layer. These membrane switches are designed for use with various electrical apparatus such as household appliances, medical devices, and measuring instruments. When the user depresses one of the "buttons" on the overlay, an electrical signal is transferred from the switch to the particular apparatus being controlled.

The graphic overlay is comprised of a polycarbonate or polyester layer affixed to an adhesive layer. The submitted sample has been silk screen printed with identifying information for the "buttons" on the overlay. Based on the information submitted, it would appear that this type of graphic overlay, which has electrical or mechanical application, is principally used in the manufacture of membrane switches. The descriptive literature also indicates that a certain type of graphic overlay is simply used as adhesive product identification labels.

The applicable tariff provision for the membrane switch will be 8537.10.9070, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other boards, panels, ...and other bases, ..., for electric control or the distribution of electricity, ...: For a voltage not exceeding 1,000 V. The general rate of duty will be 3.2 percent ad valorem. The applicable tariff provision for the graphic overlays which have electrical or mechanical application will be 8538.90.8080, HTSUSA, which provides for other parts suitable for use solely or principally with the apparatus of heading 8535, 8536, or 8537. The general rate of duty will be 3.9 percent ad valorem.

The applicable tariff provision for the graphic overlays used as adhesive product identification labels will be 3919.90.5060, HTSUSA, which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: Other: Other. The general rate of duty will be 5.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski

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