The tariff classification of a backplane assembly from Germany.

N057186 April 22, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Mr. Michael J. Skidmore Customs Consultant 103 Greenleaf St. Quincy, MA 02169 RE: The tariff classification of a backplane assembly from Germany. Dear Mr. Skidmore: In your letter dated April 6, 2009, you requested a tariff classification ruling on behalf of your client, Polyrack North America, Incorporated. The merchandise under consideration is an aluminum sub-rack with backplane. A sample of the backplane assembly was submitted with your ruling request and will be returned to you. The sub-rack with backplane is an assembly consisting of a hollow aluminum frame or chassis measuring approximately 17 inches tall by 5 inches wide and is 7 inches deep with mounting brackets on the front and back of the frame. The sides of the frame are perforated to allow adequate ventilation of electrical components. Inside the frame are plastic guides for inserting up to 17 printed circuit boards (PCBs) or printed circuit assemblies (PCAs). Attached to the back of the frame is a PCB with 17 PCB sockets. On the back of the PCB are two flat ribbon cable connectors, two rectangular 8-pin connectors and several ground terminals. From the information you submitted in your ruling request, the sub-rack with backplane is a generic unit not designed or designated for any specific application. There is no logic or memory built into the PCB. In its condition as imported, it may be configured or adapted for use with a variety of electronic applications including industrial computers, alarm systems, telecommunication systems, etc. The backplane is a passive assembly without any discrete components and merely operates as a connector which allows for electrical connections between PCBs with numerous components for a variety of applications. The applicable subheading for the sub-rack with backplane will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7% ad valorem. 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division