HQ W967964

October 18, 2006

**CLA-2 RR:CTF:TCM** W967964 HkP

**CATEGORY:** Classification

**TARIFF NO.:** 8504.40.95

> 8525.10.3035

Port Director

Port of Buffalo

U.S. Customs and Border Protection

726 Exchange Street

Suite 400

Buffalo, NY 14210

**RE:** AFR of Protest No. 0901-05-100123; couplers, power inserters,
multi-taps and splitters

Dear Port Director:

This is our decision regarding the Application for Further Review
("AFR") of Protest No. 0901-05-100123, timely filed on behalf of Lindsay
Electronics, Inc., concerning the classification of various couplers,
power inserters, multi-taps, and splitters under the Harmonized Tariff
Schedule of the United States ("HTSUS").

**FACTS:**

The subject merchandise is described by Protestant as passive coaxial
socket device connectors and coaxial couplers, identified as models: LGT
series, LGTP series, LHS series, LTC series, LHR series, LHI series, LHC
series, LDC series, and LAC series. According to the protestant the
connectors and couplers are designed to function in line, as part of a
television signal electrical circuit, making connections with the
circuit via coaxial cable inputs and outputs.

> Description of some models of the LHI, LHS, LHC, and LDC series are
> provided in the "100 Series Passives" section of the Lindsay
> Electronics website (www.lindsayelec.com). The LHI100 is described as
> a power inserter; the LHS102 as a 2 way line splitter, the LHS103 and
> the LHS103B as 3 way line splitters; the LHC108, LHC112, and the
> LHC116 as directional couplers; the LHI108, LHI112, and the LHI116 as
> status pickers/power inserters; the LHI 100D as a dual power inserter;
> and the LDC108S and the LDC112S as directional couplers -- 2 way
> splitters. Although there is no specific discussion of the LTC series,
> the LGTP series data sheet describes the LTC series as "standard
> couplers". The LHR100 series data sheet states:
>
> The LHR100 Series uses a standard platform (housing) with a series of
> couplers that can be installed or plugged into the housing to produce
> the various values in the series. In addition, the system is designed
> to allow the coupler to be installed 6 different ways producing all
> possible port combinations. This flexibility allows ... the levels and
> signal direction ... \[to\] be updated without removal of the housing
> (no connector change out). The unit is simply opened and the internal
> coupler is replaced with a proper value and orientation.

In addition, the data sheets for the LGTP and LGT series describe these
devices as "multi-taps".

The merchandise was entered on various dates in 2004 and classified in
subheading 8536.69.4010, HTSUS, which provides for: "Electrical
apparatus for switching or protecting electrical circuits, or for making
connections to or in electrical circuits (for example, switches, relays,
fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes),
for a voltage not exceeding 1,000 V: Lamp-holders, plugs and sockets:
Other: Coaxial connectors; ..., Coaxial connectors." These entries were
later rate advanced by U.S. Customs and Border Protection ("CBP") and
liquidated under subheading 8525.10.3035, HTSUS, which provides for,
*inter alia*: "Transmission apparatus for ... television, whether or not
incorporating reception apparatus or sound recording or reproducing
apparatus; ... : Transmission apparatus: Television: Other: Other: ... ;
directional couplers and other couplers; all of the foregoing designed
for cable or closed-circuit television applications." The last of the
entries was liquidated on April 29, 2005. A protest was timely filed on
May 10, 2005, in which protestant asserted that the appropriate
classification for the subject merchandise was in subheading
8536.69.4010, HTSUS.

**ISSUE:**

Whether the couplers, multi-taps, and splitters are properly classified
under heading 8525, HTSUS, as transmission apparatus for television, or
under heading 8536, HTSUS, as electrical connectors.

Whether the power inserters are properly classified under heading 8525,
HTSUS, as transmission apparatus for television, or under heading 8504,
HTSUS, as static converters.

**LAW AND ANALYSIS:**

Initially, we note that the matter protested is protestable under 19
U.S.C. §1514(a)(2) as a decision on classification. The protest was
timely filed, within 90 days of liquidation of the first entry for
entries made before December 18, 2004, and within 180 days of
liquidation of the first entry for entries made on or after December 18,
2004. (Miscellaneous Trade and Technical Corrections Act of 2004, Pub.L.
108-429, § 2103(2)(B)(ii), (iii) (codified as amended at 19 U.S.C. §
1514(c)(3) (2006)).

Further Review of Protest No. 0901-05-100123 was properly accorded to
protestant pursuant to 19 C.F.R. § 174.24 because the decision against
which the protest was filed involves matters previously ruled upon by
the Commissioner of Customs or his designee or by the Customs courts but
facts are alleged or legal arguments presented which were not considered
at the time of the original ruling.

Classification under the HTSUS is made in accordance with the General
Rules of Interpretation (GRIs). GRI 1 provides that the classification
of goods shall be determined according to the terms of the headings of
the tariff schedule and any relative section or chapter notes. In the
event that the goods cannot be classified solely on the basis of GRI 1,
and if the headings and legal notes do not otherwise require, the
remaining GRIs 2 through 6 may then be applied in order.

The HTSUS provisions under consideration are as follows:

8504 Electrical transformers, static converters (for example,
rectifiers) and inductors; parts thereof:

8504.40 Static converters:

> \* \* \*

8504.40.95 Other .....

8525 Transmission apparatus for radiotelephony, radiotelegraphy,
radiobroadcasting or television, whether or not incorporating reception
apparatus or sound recording or reproducing apparatus; ... :

8525.10 Transmission apparatus:

> Television:
>
> \* \* \*

8525.10.30 Other .....

> \* \* \*
>
> Other:
>
> \* \* \*

8525.10.3035 Converters, decoders, preamplifiers, line amplifiers,
distribution amplifiers and other amplifiers; directional couplers and
other couplers; all the foregoing designed for cable or closed-circuit
television applications .....

8536 Electrical apparatus for switching or protecting electrical
circuits, or for making connections to or in electrical circuits (for
example, switches, relays, fuses, surge suppressors, plugs, sockets,
lamp-holders, junction boxes), for a voltage not exceeding 1,000 V:

\* \* \*

> Lamp-holders, plugs and sockets:

\* \* \*

8536.69 Other:

8536.69.40 Coaxial connectors; cylindrical multicontact connectors; rack
and panel connectors; printed circuit connectors; ribbon or flat cable
connectors .....

8536.69.4010 Coaxial connectors .....

The Harmonized Commodity Description and Coding System Explanatory Notes
(ENs) constitute the official interpretation of the HTSUS. While not
legally binding nor dispositive, the ENs provide a commentary on the
scope of each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings. *See* T.D. 89-80.

Protestant has stated:

> The connectors & couplers are designed to function in line, as part of
> a TV signal electrical circuit, making connections with the circuit
> via coaxial cable inputs and outputs. The subject merchandise
> play\[s\] a passive role in the electrical circuit capable of only
> redirecting, splitting or continuing an electrical signal.

It is the Port's view that the subject merchandise is properly
classified in heading 8525, HTSUS, which provides for, *inter alia*,
transmission apparatus for television because they contain electrical
circuitry and components which modify an incoming TV signal for further
transmission by isolating, filtering and impedance matching. EN 85.25(B)
explains that, among other things, heading 8525, HTSUS, includes
transmitters of all kinds. *The Computer Glossary*, 6^th^ ed. (Freedman,
ed.) defines a transmitter as "a device that generates signals". CBP has
consistently found that equipment that aids in the transmission of an RF
signal is "transmission apparatus" of heading 8525, HTSUS. *See*
Headquarters Ruling Letter ("HQ") 950866, dated March 18, 1992, and **HQ
958318**, dated December 8, 1995.

> We consider the nature of the merchandise before us. As earlier
> stated, the Lindsay Electronics website (www.lindsayelec.com),
> describes some models of the LHI, LHS, LHC, and LDC series. The LHI100
> is described as a power inserter; the LHS102 as a 2 way line splitter,
> the LHS103 and the LHS103B as 3 way line splitters; the LHC108,
> LHC112, and the LHC116 as directional couplers; the LHI108, LHI112,
> and the LHI116 as status pickers/power inserters; the LHI 100D as a
> dual power inserter; and the LDC108S and the LDC112S as directional
> couplers -- 2 way splitters. Although there is no specific discussion
> of the LTC series, the LGTP series data sheet describes the LTC series
> as "standard couplers". The LHR100 series data sheet states:
>
> The LHR100 Series uses a standard platform (housing) with a series of
> couplers that can be installed or plugged into the housing to produce
> the various values in the series. In addition, the system is designed
> to allow the coupler to be installed 6 different ways producing all
> possible port combinations. This flexibility allows ... the levels and
> signal direction ... \[to\] be updated without removal of the housing
> (no connector change out). The unit is simply opened and the internal
> coupler is replaced with a proper value and orientation.
>
> Generally, a directional coupler separates signals based on the
> direction of signal propagation and is used to unequally split the
> signal flowing in the mainline and to fully pass the signal flowing in
> the opposite direction. *RF Directional Couplers*, Michael G. Ellis,
> Ph.D., members.tripod.com/michaelgellis/ direct.html. A "power
> inserter" is "a passive device used to add ac \[alternating current\]
> power to the centre conductor of a coaxial cable for the purpose of
> powering active devices."
> (www.voiceanddata.com.au/vd/admin/glossary.asp.) We note that it may
> also be used to add DC (direct current) power via an AC adapter. *See*
> http://www.quintechelectronics.com/dcp2150-dc-inserter.php. According
> to our research, power inserters are typically used to power line
> amplifiers for RF signals. *See*, *for example*,
> www.accessorywarehouse.com and
> http://www.xm-radio-satellite.com/index.asp?PageAction=VIEWPROD
> &ProdID=2046. Finally, a "splitter" is "a passive device (that is, it
> has no active electronic components and thus requires no power) which
> allows one signal to be sent over multiple paths."
> (www.satellite-tv-hq.com/telecom-glossary-s.htm.)

The data sheets for the LGTP and LGT series describe these devices as
"multi-taps". A "tap**"** is: "(1) An electrical connection permitting
signals to be transmitted onto or off a bus; (2) the link between the
bus and the drop cable that connects the workstation to the bus; and (3)
a device used on CATV cables for matching impedance or connecting
subscriber drops."
(http://www.e-ratecentral.com/resources/help/glossary/t.asp.)
"Impedance" is "\[a\] term in electronics which measures the amount of
opposition a device has to an AC current (such as an audio signal).
Technically speaking, it is the combined effect of capacitance,
inductance, and resistance on a signal." (http:// www.media
college.com/glossary/i/.) In other words, impedance is a measure of how
hard a signal has to work to get through a cable, speaker or piece of
equipment; the higher the impedance, the harder it is for the signal to
get through. The LGTP data sheet explains that these multi-taps are "the
ultimate in power-passing flexibility", and feature "signal flow
reversal without disturbing connections", and "plug in tap value change
without loss of RF or AC", among other things.

Based on all of the foregoing, we find that the splitters, couplers, and
multi-taps discussed above are provided for in heading 8525, HTSUS, as
transmission apparatus for television, because they redirect, split, and
continue broadcast signals for cable television. We note that CBP has
consistently found that splitters, which are designed to further
transmit a television broadcast signal for an antenna to either a VCR or
more than one television broadcast receivers, are properly classified in
heading 8525, HTSUS. *See* New York Ruling Letter ("NY") E86253, dated
Aug. 26, 1999, and **NY I85916**, dated Sept. 13, 2002. We note that in
NY I85916 a coaxial cable connector was classified under heading 8536,
HTSUS, but we point out that it was described as an "F" to "F" jack that
merely extended the cable length between the antenna/VCR and the
television.

With regard to the power inserters at issue, classification under
heading 8504, HTSUS, which provides for, among other things, static
converters, must be considered. EN 85.04 (II) explains, with regard to
electrical static converters, that:

> The apparatus of this group are used to convert electrical energy in
> order to adapt it for further use. They incorporate converting
> elements (e.g., valves) of different types. They may also incorporate
> various auxiliary devices (e.g., transformers, induction coils,
> resistors, command regulators, etc.). Their operation is based on the
> principle that the converting elements act alternately as conductors
> and non-conductors.
>
> The fact that these apparatus often incorporate auxiliary circuits to
> regulate the voltage of the emerging current does not affect their
> classification in this group, nor does the fact that they are
> sometimes referred to as voltage or current regulators.

This group includes:

(A) **Rectifiers** by which alternating current (single or polyphase) is
    converted to direct current, generally accompanied by a voltage
    change.

(B) **Inverters** by which direct current is converted to alternating
    current.

(C) **Alternating current converters and cycle converters** by which
    alternating current (single or polyphase) is converted to a
    different frequency or voltage.

Based on the fact that the power inserters under consideration add AC
power, or DC power via an AC adapter, to line amplifiers, among other
things, we find that they are properly classified in heading 8504,
HTSUS, as static converters, and are specifically provided for in
subheading 8504.40.95, HTSUS. Classification at the 10-digit level will
depend on the specific characteristics of each type of power inserter.

The scope of review in a protest filed under 19 U.S.C. §1514 is limited
to the administrative record. CBP will consider all relevant allegations
that are supported by competent evidence. In acting on a protest,
however, CBP lacks the legal authority to assume facts and arguments
that are not presented and, therefore, not in the official record. **HQ
965469**, August 6, 2002.

We were unable to find a description of the LAC series on the Lindsay
Electronics website or in documents provided by Protestant to CBP. We
note the existence of the LACS100 "Central Node Power Inserter" but are
unable to ascertain whether this is a part of the LAC series. Due to the
lack of factual specificity for this device, we are unable to determine
its classification. Therefore, we must deny the protest with respect to
the LAC series. *See* 19 CFR 174.13(a)(5).

Finally, we address Protestant's contention that the proper
classification of the subject merchandise is under heading 8536, HTSUS,
which provides for, *inter alia*, electrical apparatus for making
connections to or in electrical circuits. EN 85.36(III) explains that
apparatus for making connections to or in electrical circuits is used to
connect together the various parts of an electrical circuit and
includes:

(A) Plugs, sockets and other contacts for connecting a moveable lead or
    apparatus to an installation which is usually fixed. This category
    includes:

    1.  Plugs and sockets (including those for connecting two moveable
        leads). A plug may have one or more pins or side contacts which
        may match corresponding holes or contacts in the socket. The rim
        or one of the pins may be used for earthing purposes.

The Court of International Trade (CIT) has stated that the canon of
construction *ejusdem generis*, which means literally, "of the same
class or kind," teaches that "where particular words of description are
followed by general terms, the latter will be regarded as referring to
things of a like class with those particularly described." [Nissho-Iwai
American Corp. v. United States]{.underline} (Nissho), 10 CIT 154, 156
(1986). "As applicable to classification cases, *ejusdem generis*
requires that the imported merchandise possess the essential
characteristics or purposes that unite the articles enumerated *eo
nomine* in order to be classified under the general terms."
[Id.]{.underline} at 157. A "lead" is "an insulated electrical conductor
connected to an electrical device". *Merriam Webster Collegiate
Dictionary*, *10^th^ ed*. The essential characteristic or purpose of the
above listed exemplars is that they are used to connect insulated
electrical wire or other conductor apparatus to a fixed installation or
to other electrical wire. They have no other purpose. Because the
subject merchandise aids in the transmission of an RF signal by
connecting insulated electric wire to a fixed installation or to other
insulated electric wire, redirects, splits and continues electrical
signals, and adds power to transmission apparatus, we do not consider
them to be mere connectors. The subject merchandise is not *ejusdem
generis* with the exemplars of EN 85.36 and, accordingly, we find that
they are not provided for in heading 8536, HTSUS.

**HOLDING:**

By application of GRI 1, we find that the splitters, couplers, and
multi-taps at issue are correctly classified in heading 8525, HTSUS, and
are specifically provided for in subheading 8525.10.3035, HTSUS, which
provides for: "Transmission apparatus for ... television, whether or not
incorporating reception apparatus or sound recording or reproducing
apparatus; ...: Transmission apparatus: Television: Other: Other: ...;
directional couplers and other couplers; all of the foregoing designed
for cable or closed-circuit television applications." The general,
column one rate of duty is 1.8% *ad valorem*.

By application of GRI 1, we find that the power inserters are properly
classified in heading 8504, HTSUS, and are specifically provided for in
subheading 8504.40.95, HTSUS, which provides for: "Electrical
transformers, static converters (for example, rectifiers) and inductors;
parts thereof: Static converters: Other." The general, column one rate
of duty is 1.5% *ad valorem*.

You are instructed to deny the protest, except to the extent
reclassification of the merchandise as indicated above results in a net
duty reduction and partial allowance. In accordance with Section IV of
the Customs [Protest/Petition Processing Handbook]{.underline} (CIS HB,
January 2002, pp.18 and 21), you are to mail this decision, together
with the CBP Form 19, to the protestant no later than 60 days from the
date of this letter.

No later than 60 days from the date of this letter, the Office of
Regulations and Rulings will make the decision available to CBP
personnel, and to the public on the CBP homepage on the World Wide Web
at www.cbp.gov, by means of the Freedom of Information Act, and other
methods of public distribution.

> Sincerely,
>
> Myles B. Harmon, Director
>
> Commercial and Trade Facilitation Division