The tariff classification of a crystal clock oscillator printed circuit assembly from Germany

N136335 December 14, 2010 CLA-2-85:OT:RR:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8517.62.0050 Mr. Ram J. Arvikar Director, Global Quality & Compliance Vectron International 267 Lowell Rd. Hudson, NH 03051 RE: The tariff classification of a crystal clock oscillator printed circuit assembly from Germany Dear Mr. Arvikar: In your letter dated December 3, 2010 you requested a tariff classification ruling. The merchandise subject to this ruling is a crystal clock oscillator printed circuit board assembly. This ruling is being issued based on information that you submitted within your original ruling request, our file number N130655, which we returned to you for additional information and the information you furnished within your resubmission. The instant crystal clock oscillator is in the form of a printed circuit assembly. The crystal clock oscillator is used as a clock or frequency source in timing applications in electronic circuits. Your company’s primary customers are large telecomm companies, such as Alcatel-Lucent, Motorola, Cisco, and Nokia-Siemens, who use the oscillators as a stable precision source in telephone network equipment. As a frequency control component used in telecommunications networks for receiving and transmitting voice, data, and other images and signals, this merchandise is apparatus for communication in a wired or wireless network The crystal clock oscillator subject to this ruling consists of a printed circuit board on which individual discrete active components and individual discrete passive components have been assembled onto the printed circuit board using solder. This description meets the definition of a printed circuit assembly as found in Additional U.S. Note to Section XVI of the Harmonized Tariff Schedule of the United States (HTSUS), which states: “For the purposes of this section, the term “printed circuit assembly” means goods consisting of one or more printed circuits of heading 8534 with one or more active elements assembled thereon, with or without passive elements. For the purposes of this note, “active elements” means diodes, transistors and similar semiconductor devices, whether or not photosensitive, of heading 8541, and integrated circuits of heading 8542.” As such, the instant merchandise is not a hybrid integrated circuit as you had suggested within your original submission because, in accordance with Note 8 (b) (ii) to Section XVI, although active elements (diodes, transistors, monolithic integrated circuits, etc.) were obtained by semiconductor technology, passive elements (resistors, capacitors, inductances, etc.) were not obtained by thin or thick film technology, as Note 8 (b) to Section XVI describes, but rather as individual discrete passive components. The applicable subheading for the crystal clock oscillator printed circuit assembly will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Linda M. Hackett at (646) 733-3015. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division