HQ 966980

October 25, 2004

CLA-2 RR:CR:GC 966980 AM

**CATEGORY:** CLASSIFICATION

**TARIFF NO.:** 6814.90.0000

Port Director

Bureau of Customs and Border Protection

101 E. Main Street\
Norfolk, VA 23510

**Re:** Protest 1901-03-100192

Dear Port Director:

This is our decision on Protest 1901-03-100192, filed by the Customs
Broker on behalf of Ashville Schoonmaker, against your decision in the
classification and duty determination, under the Harmonized Tariff
Schedule of the United States (HTSUS), of Fabricated Mica. We have also
considered the samples received from the importer.

**FACTS:**

The Mineral Information Institute has, in pertinent part, the following
information on its website:

> Mica is a mineral name given to a group of minerals that are similar
> in their physical properties and chemical compositions. They are all
> silicate minerals, which means that chemically they all contain
> silica(SiO~4~). . . . . The two micas used as a commodity are: brown
> mica or *phlogopite* which contains iron and magnesium; and the
> \"reddish, green, or white (or clear) mica\" or *muscovite* which
> contains potassium and aluminum . . . .
>
> Sheet mica is used principally in the electronic and electrical
> industries. The major uses of sheet and block mica are as electrical
> insulators in electronic equipment, thermal insulation, gauge "glass",
> windows in stove and kerosene heaters, dielectrics in capacitors,
> decorative panels in lamps and windows, insulation in electric motors
> and generator armatures, field coil insulation, and magnet and
> commutator core insulation.
>
> http://www.mii.org/Minerals/photomica.html.

This protest covers one entry dated August 27, 2003 and liquidated
September 3, 2003. The entry summary describes the merchandise as one
package of fabricated mica, The invoice describes the merchandise as one
wooden case of fabricated mica containing item numbers 3 and 4 of
purchase order \*\*02, items numbers 1-6 of purchase order \*\*03 and
items 3 and 6 of purchase order \*\*04. Information submitted by the
importer states that the merchandise consists of \"natural muscovite
block mica with a chemical composition, less water of constitution, of
H~2~KA1~3~(SiO~4~)~3~.\" However, the purchase orders submitted at the
request of this office contain the following descriptions of the
merchandise: \"dark high heat bookform amber rectangles\", HS rect.,
01-MD-004, 01-MD-005, Ruby V-1 scratch free, HP-5 part number 104174.\"
Four samples were received in this office. The sample labeled \"high
heat amber mica 1/2 disc\" is a small flat round object with two half
oval cut outs opposite each other on the edges and two round metal
inserts in the middle. The \"muscovite mica green (not ruby)mica
components\" are small rectangular flat pieces of mica. The \"HP-5
mica\" are small rectangular flat pieces of mica with 8 small holes in
each piece. The \"book form mica (ruby, no high heat available)\" are
flat clear rectangular pieces of mica.

The entry was liquidated in subheading 6814.90.00, HTSUS, the provision
for \"Worked mica and articles of mica, including agglomerated or
reconstituted mica, whether or not on a support of paper, paperboard or
other materials: Other.\" The protest was timely filed on October 14,
2003, claiming that the entry should be classified in subheading
8546.90.00, HTSUS, the provision for \"Electrical insulators of any
material: Other.\"

**ISSUE:**

Whether the imported mica is classified as electrical insulators?

**LAW AND ANALYSIS:**

Merchandise imported into the U.S. is classified under the HTSUS. Tariff
classification is governed by the principles set forth in the General
Rules of Interpretation (GRIs) and, in the absence of special language
or context that requires otherwise, by the Additional U.S. Rules of
Interpretation. The GRIs and the Additional U.S. Rules of Interpretation
are part of the HTSUS and are to be considered statutory provisions of
law.

GRI 1 requires that classification be determined first according to the
terms of the headings of the tariff schedule and any relative section or
chapter notes and, unless otherwise required, according to the remaining
GRIs taken in order. GRI 6 requires that the classification of goods in
the subheadings of headings shall be determined according to the terms
of those subheadings, any related subheading notes and *mutatis
mutandis*, to the GRIs.

In interpreting the HTSUS, the Explanatory Notes (ENs) of the Harmonized
Commodity Description and Coding System may be utilized. The ENs,
although not dispositive or legally binding, provide a commentary on the
scope of each heading, and are (official interpretation of the
Harmonized System at the international level) generally indicative of
the proper interpretation of the HTSUS. *See* T.D. 89‑80, 54 Fed. Reg.
35127 (August 23, 1989).

The following provisions of the HTSUS are under consideration:

6814 Worked mica and articles of mica, including agglomerated or
reconstituted mica, whether or not on a support of paper, paperboard or
other materials:

6814.90.00 Other

\* \* \* \* \* \*

8546 Electrical insulators of any material:

8546.90.00 Other

EN 68.14 states, in pertinent part, the following:

\*\*\*\*\*

> The heading covers sheets, strips and rolls in the length; pieces cut
> to shape for special uses in the form of rectangles (including
> squares), discs, etc.; moulded articles such as tubes, conduits, etc.
> All these goods may be coloured in the mass, painted, drilled, milled
> or otherwise worked.
>
> EN 85.46 states, in pertinent part, the following:
>
> . . . Insulators are often given bell, accordion, petticoat, grooved,
> cylinder or other shapes. Certain types are constructed in such a way
> that when in position they may contain oil to prevent contamination of
> the surface by conducting materials.
>
> Insulators may be made of any insulating material, usually very hard
> and non-porous, e.g., ceramic material (porcelain, steatite), glass,
> fused basalt, hardened rubber, plastics or compounded insulating
> materials. They may contain fixing devices (e.g., metal brackets,
> screws, bolts, clips, laces, slings, pins, cross pieces, caps, rods,
> suspension or carrying clamps). Insulators equipped with metal horns
> or guard shields or other devices to form lightning arresters are
> excluded (heading 85.35).
>
> Insulators are used on outdoor cables, e.g., in telecommunications,
> power networks, electrical traction systems (railway, tramway,
> trolleybus, etc.), and also for indoor installations or on certain
> machines and appliances.

The insulators of this heading include:

> \(A\) **Suspension insulators**, such as:
>
> \(1\) **Chain suspension insulators.** These are used mainly on
> outdoor networks, and consist of several insulating elements. The
> conductor cable or wire is fixed at the bottom of the assembly which
> is hung on a suitable support (pylon arm, suspension cable, etc.).
>
> Suspension chain insulators include cap or hood type insulators,
> double petticoat insulators; chain link insulators; linked rod
> insulators.
>
> \(2\) **Other suspension insulators** (e.g., insulators in the form of
> balls, bells, pulleys, etc.) for overhead lines of railways,
> trolleybuses, cranes, etc., or for aerials.

\(B\) **Rigid insulators.**

> These may be fitted with supports (e.g., metal hooks, pins or the
> like); or they may be without supports, but intended to be attached to
> power or telegraph poles, etc., or fitted to walls, ceilings, floors,
> etc., by means of nails, screws, bolts, etc. Insulators with fixed
> supports may be built up of two or more elements; those without
> supports are usually single units. They may be of various shapes
> (e.g., bells, cones, cylinders, buttons, pulleys).

\(C\) **Leading-in insulators.**

> These are used for guiding cables or wires through walls, etc. They
> are of various forms (e.g., cone or double cone shaped insulators,
> disc insulators, sleeves, pipes and tubular bends).

The items listed on Protestant\'s invoice and purchase orders do not, in
all cases, match the samples sent to this office. Furthermore, only
documentation about muscovite block mica accompanied the Protest.
Therefore, for the purpose of this protest, we are classifying the
sample labeled \"muscovite mica\" that we believe is representative of
the merchandise in the entry.

The imported block mica contains insulating properties in that it is a
poor conductor of electricity. It is not, however, anything like the
examples of "insulators" in EN 85.46. It is not a suspension, chain,
rigid or leading in insulator. It is not a very hard and non-porous
material such as ceramic material (porcelain, steatite), glass, fused
basalt, or hardened rubber. Nor is it used on outdoor cables, e.g., in
telecommunications, power networks, electrical traction systems
(railway, tramway, trolleybus, etc.). It is not bell, accordion,
petticoat, grooved, cylinder or constructed in such a way as to contain
oil. In short, it is not recognizable as dedicated to use as electrical
insulators per se. See Headquarters Ruling Letter 965393, dated August
20, 2002.

Rather, block mica are thin pieces of mica of regular rectangular shape
described by heading 6814 and the ENs thereto as \"pieces cut to shape
for special uses in the form of rectangles (including squares).\" They
have applications other than as an electrical insulators, namely as
thermal insulation, gauge \"glass\", windows in stove and kerosene
heaters, and dielectrics in capacitors. Hence, the instant merchandise
is not within the scope of the terms "electrical insulator of any
material" of heading 8546, HTSUS.

**HOLDING:**

You are directed to DENY the protest. The imported block mica is
classified in subheading 6814.90.0000 HTSUS, the provision for \"Worked
mica and articles of mica, including agglomerated or reconstituted mica,
whether or not on a support of paper, paperboard or other materials:
Other.\"

The duty rate is 2.6% 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 the World Wide Web at
[www.usitc.gov](http://www.usitc.gov/).

In accordance with the Protest/Petition Processing Handbook (CIS HB,
January 2002, pp. 18 and 21), you are to mail this decision, together
with the Customs Form 19, to the protestant no later than 60 days from
the date of this letter. Any reliquidation of the entry in accordance
with the decision must be accomplished prior to mailing of the decision.
Sixty days from the date of the decision the Office of Regulations and
Rulings will make the decision available to CBP personnel, and to the
public on the CBP Home Page on the World Wide Web at
[www.cbp.gov](http://www.cbp.gov/), by means of the Freedom of
Information Act, and other methods of public distribution.

Sincerely,

Myles B Harmon, Director

Commercial Rulings Division