The tariff classification of stacked connectors from China

N326868 July 11, 2022 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8537.10.9170; 9903.88.03 Sabrina Suszek TE Connectivity 2801 Fulling Mill Road Middletown, PA 17057 RE: The tariff classification of stacked connectors from China Dear Ms. Suszek: In your letter dated Jun 30, 2022, you requested a tariff classification ruling. The first item under consideration is identified as the High Performance Stacked Modular Jack 2X4, Item Number 6339082-4, which is described as an RJ45 type stacked modular connector jack having two rows of four RJ45 sockets. The stacked connector is designed to be soldered to a printed circuit board (PCB) and consists of metal shielding, a plastic shell, and a molded plastic base with protruding electrical contact pins. The contact pins are intended to be soldered onto a PCB to provide for electrical connections in data communications equipment. The second item under consideration is identified as the Stacked Receptacle Assembly 2x2, Item Number 2227670-2, which is described as an RJ45 type stacked modular connector jack having two rows of two RJ45 sockets. The stacked connector is designed to be soldered to a PCB and consists of a metal cage assembly, metal shielding, and a molded plastic base with protruding electrical contact pins. The contact pins are intended to be soldered onto a PCB to provide for electrical connections in data communications equipment. In your request, you suggest the subject connectors under subheading 8537.10.9170, Harmonized Tariff Schedule of the United States (HTSUS). Noting CBP Ruling HQ 965320, we agree. Heading 8537, HTSUS, reads in pertinent part, “…bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…”. Relying upon HQ 965320 and HQ 966044, and further guidance provided in HQ 966188 regarding the standard for the plain reading of the heading text, the subject stacked connectors directly meet the description established under heading 8537, HTSUS. We would note that the heading states only that the apparatus is equipped and only requires that there is a base from which it is equipped. As HQ 966188 obligates a plain reading of the language of heading 8537, HTSUS, we conclude that each stacked connector consists of a base that is equipped with two or more electrical sockets of heading 8536, HTSUS. The applicable subheading for the High Performance Stacked Modular Jack 2X4, Item Number 6339082-4, and the Stacked Receptacle Assembly 2x2, Item Number 2227670-2, will be 8537.10.9170, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 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 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8537.10.9170, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8537.10.9170, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses: https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china 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 the World Wide Web at https://hts.usitc.gov/current. Please note that 19 C.F.R. § 177.9(b)(1) provides that “[e]ach ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. The application of a ruling letter by a Customs Service field office to the transaction to which it is purported to relate is subject to the verification of the facts incorporated in the ruling letter, a comparison of the transaction described therein to the actual transaction, and the satisfaction of any conditions on which the ruling was based.” 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division