May 29, 2009 CBP Bulletin Notice on Classification of RF Power Amplifiers
In the May 29, 2009 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 43, No. 22), CBP published a notice revoking one ruling and a treatment as follows:
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Revocation of ruling, revocation of treatment.CBP is revoking one ruling on the classification of an RF power amplifier; in addition, this notice covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after July 28, 2009.
RF power amplifiers. The merchandise at issue is a mobile handset RF power amplifier module, identified as part number RF3146. It is designed to be installed into Global System for Mobile Communications (GSM) cellular phones. The RF3146 is sold to GSM cellular phone manufacturers and is incorporated into the cellular phone during the manufacturing process. The RF3146 is necessary for the functioning of the cellular phones as the phones cannot operate without it. The RF3146 amplifies four radio frequency bands, provides integrated power control circuitry, selects the proper band to transmit the signal and filters the amplified signal to remove unwanted energy. The RF3146 contains a silicon CMOS and two Gallium Arsenide chips and is comprised of a printed circuit board, two resistors and three connectors. It is packaged in a 7x7mm Lead Frame ModuleTM packaging technology.
CBP is issuing HQ H004105 in order to revoke NY R04974 and determine that the RF power amplifiers are classified under HTS 8517.62.0050 as a "machines for the reception, conversion and transmission or regeneration of voice, images or other data," rather than under 8543.89 (now 8543.70) as "electric apparatus having individual functions, not specified or included elsewhere in Chapter 85."
CBP makes this change as a correction based on additional information about the product and the Explanatory Notes (ENs). The ENs to 8517 state that:
"This heading covers apparatus for the transmission or reception of speech or other sounds, images or other data between two points by variation of an electric current or optical wave flowing in a wired network or by electromagnetic waves in a wireless network. The signal may be analogue or digital. The networks, which may be interconnected, include telephony, telegraphy, radio-telephony, radio-telegraphy, local and wide area networks."
CBP notes that by the terms of the headings, if the instant merchandise is described by the terms of heading 8517 it cannot be classified in heading 8543 as it is specified elsewhere in the Chapter. The RF power amplifiers are used in cellular phones to amplify and transmit radio frequency signals. Radio frequency transmission of an electrical signal requires corresponding power amplification for the intended transmission range. As the RF power amplifier is an electrical apparatus for the transmission or reception of data between two points, it is expressly provided for in heading 8517.
CBP now determines that, by application of GRI 1, the RF power amplifier module is properly classified in 8517.62.0050, which provides for: "Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: . . . . . Other . . . ."
New: 8517.62.0050, duty-free; previous: 8543.70.9650, 2.6% (formerly 8543.89.9760)
(See ITT's Online Archives or 02/02/09 news, 09020245, for BP summary of proposed HQ H004105.)
May 29, 2009 CBP Bulletin (Vol. 43, No. 22) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/