Classification of a socket contact assembly exported to Mexicofor finishing

HQ 084652 August 10, 1989 CLA-2 CO:R:C:G 084652 TLS CATEGORY: Classification TARIFF NOS.: 9802.00.80; 8538.90.0040 Mr. Robert L. Cohen Litton-Winchester Electronics Division 275 Paterson Avenue P.O. Box 444 Little Falls, New Jersey 07424 RE: Classification of a socket contact assembly exported to Mexico for finishing Dear Mr. Cohen: You request a ruling on the proper classification of the socket contact assembly under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your letter dated May 1, 1989 has been referred to our office for this purpose. FACTS: The socket contact assembly is comprised of contact blanks and heat-treated retaining clips. The sub-assembly is partially put together in the United States, where it is plated. It is then sent to Mexico where a contact spring is attached. The final product is shipped back to the United States to be used in a variety of electrical connector assembly operations. ISSUE: Does the contact sub-assembly qualify for tariff treatment as a United States article sent to a foreign country in a condition ready for assembly as provided for under HTSUSA subheading 9802.00.80; Is the completed socket contact assembly properly classifiable under heading 8538, HTSUSA, covering parts suitable for use solely or principally with the apparatus of heading 8535, 8536, or 8537. LAW AND ANALYSIS: The General Rules of Interpretation (GRI) govern classification of products under HTSUSA. GRI 1 states that classification is to be determined according to the terms of the-2- headings and any relative section or chapter notes. Subheading 9802.00.80 covers articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting. The assemblage of the socket contact assembly is completed in Mexico after all other stages of assembly are finished. The components used are products of the United States. The final component to be assembled in Mexico, the contact spring, is in a condition ready for assembly, as is the contact sub-assembly when exported. No modifications were done to either product before the final assembly. Once assembled, the entire package has the fit and form of all the components put together without disrupting or altering their original forms. As the parts come together to form the whole, the final product inevitably increases in value over the aggregate of the separate parts. During the entire process, from the initial stages of assembly in the United States to the final steps in Mexico, the socket contact assembly retains the character and composition of a product covered under subheading 9802.00.80 and therefore can be properly classified thereunder. The socket contact assembly is intended to be used in electrical connector assembly operations. As the name implies, the connector assembly is an electrical apparatus for making connections to or in electrical circuits. This is covered under heading 8535, HTSUSA. Heading 8538 covers, among other things, parts suitable for use solely or principally with the apparatus of heading 8535. The socket contact assembly falls within this category. It is properly classifiable under heading 8535. HOLDING: The contact sub-assembly is eligible for tariff treatment under subheading 9802.00.80, HTSUSA, as an article assembled abroad in part of fabricated components, the product of the United States, which were exported in a condition ready for assembly without further fabrication, having not lost their physical identity by change in form, shape, or otherwise, and having not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly. The socket contact assembly is properly classified under -3- subheading 8538.90.0040, HTSUSA, as a part suitable for use solely or principally with an apparatus of heading 8535, specifically an electrical connector assembly operation. Sincerely, John Durant, Director