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NY F87723

June 16, 2000

CLA-2-84:RR:NC:MM:110 F87723


TARIFF NO.: 8473.30.1000; 8537.10.9070

Mr. Mitchell Neriah
415 So. Prospect Ave. Ste. 110
Redondo Beach, CA 90277

RE: The tariff classification of "INTERNAL HARNESS" from Japan.

Dear Mr. Neriah:

In your letter dated May 23, 2000, on behalf of Toshiba America Information Systems, Inc. (TAIS), you requested a tariff classification ruling.

The merchandise under consideration consists of two internal harnesses. The first item is TAIS part number UL2045P01PROTO, "INTERNAL HARNESS", is a flexible printed circuit (tracings in a polyamide material) with nine push button switches soldered onto the circuit. The circuit is permanently affixed to a metal support by adhesive. The metal support is mounted to the notebook's cabinet underneath the notebook's built-in mouse pad and push buttons. This metal support acts as the main support for the switches, when the switches are depressed against the metal support by the mouse pad or respective push buttons an electrical connection is completed.

Section XVI of the Harmonized Tariff Schedule of the United States (HTS), governs the classification of parts in chapters 84 and 85. Section XVI Note 2(a) states: "Parts which are goods included in any of the headings of Chapters 84 and 85 (other than headings Nos. 84.09, 84.31, 84.48, 84.66, 84.73, 84.85, 85.03, 85.22, 85.29, 85.38 and 85.48) are in all cases to be classified in their respective headings." The Explanatory Notes to the HTS further states in Chapter 84, General Notes, (C) Parts, "Separately presented electrical parts generally fall in one or other of the headings of Chapter 85, for example : electric motors (heading 85.01); electrical transformers (heading 85.04); electro-magnets, permanent magnets, electro-magnetic lifting heads for cranes and electro-magnetic chucks (heading 85.05); electrical starting equipment for internal combustion piston engines (heading 85.11); electrical switches, . . . Unless incorporated with other parts of the machine, such goods are classified in those headings, even if designed for use solely or principally with a particular machine of this Chapter."

The applicable subheading for TAIS part number UL2045P01PROTO, "INTERNAL HARNESS" will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 85.35 or 85.36, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 85.17. The rate of duty will be 2.7% ad valorem.

The second item in question is TAIS part number UL2045P02PROTO, "INTERNAL HARNESS." This harness is a flexible printed circuit (tracings in a polyamide material) with one push button switch soldered to the circuit, and three laser-emitting diodes (LED's). The polyamide material is permanently affixed by adhesive to two metal supports. The entire harness assembly is affixed to the motherboard within the notebook cabinet under the palmrest. The three LED's illuminate when the "Num Lock", "Caps Lock" and "Scroll Lock" features are selected. This item differs from the other harness because of the presence of active components, the LED's. The function of the harness is not described in heading 8537.

The applicable subheading for the "INTERNAL HARNESS" TAIS part number UL2045P02PROTO will be 8473.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Printed circuit assemblies." The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Eileen S. Kaplan at 212-637-7019.


Robert B. Swierupski

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