CLA-2 CO:R:C:G 087209 AJS

Mr. John B. Rehm Esq.
Dorsey & Whitney
1330 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036

RE: Digital signal cross-connect equipment; jackfields; pro- patch; ultra-patch; connectorized terminal block; jack; plug; patch cord; heading 8517; heading 8536; heading 8544; Explanatory Note 85.17; apparatus; subheading 8517.81.00; HQ 085661; Explanatory Note 85.36; subheading 8536.90.00; subheading 8536.69.00; socket; Explanatory Note 85.44.

Dear Mr. Rehm:

This letter is in response to your letter of May 15, 1990, requesting a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of 10 articles which are principally used for telecommunications purposes. The Digital Signal Cross-Connect (DSX) equipment forms a centralized cross- connect (distribution frame) for digital signals. Designed to be transparent in the digital telephony hierarchy, DSX equipment permits temporary jack access, cross-connection, reconfiguration and restoration of various digital circuits. Internal jack circuits provide input/output connections to each digital signal level source. The DSX enables patching, terminating and rearranging of circuits as traffic patterns change and demands on the communications network grow.

The Wired Assembly, also described as a jackfield, performs the same function as the DSX equipment except that it is used

-2-

with voice frequency (VF) circuits. They allow monitoring and testing of VF circuits, on either side of the line (telco or modem, transmit or receive), without circuit interruption.

The Pro-Patch and Ultra-Patch also perform the same function as the DSX equipment except that they are used with audio signals.

The Connectorized Terminal Block (CTB) is used in an analog or digital circuit to provide for flexible connections between two or more lines or pieces of equipment.

The next three items are all a type of "jack". Your literature states that jacks are used to access a communication circuit at a number of points for purposes of electrical testing, maintenance, signal monitoring and circuit patching. Accessing of a communication circuit is described as a point or means of entry into a circuit or as the action of entering or connecting to a circuit. Testing of a communication circuit is described as a procedure or sequence of operations and tests which determine whether a circuit is operating properly and, if it is not, the type and location of the trouble. Monitoring a communication circuit is described as listening to a voice/data communication, without disturbing it, for the purpose of determining its quality and freedom from interference or trouble. Patching is described as a temporary interconnection or rearrangement of communication circuits using a double-ended patch cord which is plugged into the jacks on which the circuits are terminated.

The Coaxial Jacks at issue are plugged into coaxial cables and designed for patching (i.e., interconnecting) or accessing (i.e., entering or connecting) high frequency signals from dc to 100 MHz. The Printed Circuit Board Jacks at issue are designed to mount on printed circuit boards whenever access points are required. The Telephone Jacks at issue function as line, drop and monitor jacks and are used in 4-wire voice frequency or data circuit applications.

A plug is used to access (i.e., enter or connect) a jack. It is a cylindrical connector of either two or three connectors shaped to actuate the jack spring conductors. They are used to "loop" or patch (i.e., interconnect) adjacent jack circuits.

A patch cord is a plug or multiple of plugs connected via a twisted pair cable. The cord is used to conduct a signal so that a circuit can be monitored, accessed, tested and patched.

ISSUE:

Whether the merchandise in question is properly classifiable within headings 8517, 8536 or 8544 of the HTSUSA.

-3-

LAW AND ANALYSIS:

Heading 8517, HTSUSA, provides for electrical apparatus for line telephony or line telegraphy. The electrical apparatus of this heading encompass "apparatus for the transmission between two points of speech or other sounds (or of symbols representing written messages, images or other data), by variation of an electric current or of an optical wave flowing in a metallic or dielectric (copper, optical fibres, combination cable, etc.) circuit connecting the transmitting station to the receiving station." Explanatory Note (EN) 85.17. This heading covers all such electrical apparatus designed for this purpose. EN 85.17. The DSX, Wired Assembly, Pro-Patch and Ultra-Patch (hereinafter "DSX apparatus") satisfy the terms of this heading.

The term "apparatus" is intended to encompass a group of devices or a collection or set of materials, instruments or appliances to be used for a particular purpose or a given end. ITT Thompson Industries, Inc. v. United States, 3 CIT 36, 44, 537 F. Supp. 1272, 1277-78, aff'd 703 F. 2d 585 (Fed. Cir. 1982). See also The Deseret Co., v. United States, 10 CIT 609, 611 (1986). The DSX apparatus are principally used within telecommunication systems for jack access, cross-connection, reconfiguration and restoration of digital communications circuits. They are a group of devices used for the particular purposes of patching, terminating and rearranging of communi- cations circuits as speech or other sounds are transmitted between two points. Accordingly, the DSX apparatus satisfy the description of "apparatus".

You claim that the DSX apparatus are not designed for, nor play an active role in, the transmission of speech and thus are excluded from the terms of heading 8517, HTSUSA. We do not agree with this contention. The DSX apparatus are principally used within telecommunications circuits. Both speech and data can be transmitted through the apparatus to transmitting and receiving stations. The functions of cross-connection and reconfiguration of communications circuits is done for the purpose of trans- mitting speech or data between two points. These types of apparatus satisfy the terms of heading 8517, HTSUSA.

The ENs to heading 8517, HTSUSA, cite numerous examples of devices, that do not in and of themselves, actively transmit speech or data. These include such articles as telephone bells or buzzers, telephone switching devices, devices for memorizing telephone numbers, devices for holding a connection on line, devices for listening-in to or breaking into other lines, and telephone switching devices are all examples of apparatus which do not actively transmit speech or sound. Accordingly, a device is not required to actively transmit speech or data in order to satisfy the terms of heading 8517, HTSUSA.

-4-

Subheading 8517.81.00, HTSUSA, provides for other telephonic apparatus. Customs has previously ruled that telephonic apparatus encompass articles which transmit digital signals representing both speech and data. HQ 085661 (02/15/90). The DSX apparatus are used in the process of transmitting digital signals representing telephonic communications, voice and audio signals. Therefore, the DSX apparatus satisfy the description of telephonic apparatus and are properly classifiable within this subheading.

Heading 8536, HTSUSA, provides for "[e]lectrical 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." You admit that the DSX apparatus are not specifically provided for within this heading. Instead, you claim that the DSX apparatus are "other electrical apparatus for making connections to or in electrical circuits". We disagree with this claim for the following reasons. The DSX apparatus are not one of the examples listed for these connection apparatus (i.e., switches, relays, etc.). Furthermore, the ENs to heading 8536 regarding apparatus for making connections to or in electrical circuits state that these apparatus are used to connect together the various parts of an electrical circuit. The DSX apparatus are used for patching, terminating and rearranging of communications circuits and not merely making connections in or to electrical circuits. Heading 8536 specifically includes plugs, sockets and other contacts for connecting a moveable lead or apparatus to an installation which is usually fixed; other connectors, terminals and terminal strips; and junction boxes. EN 85.36. The DSX apparatus are also not similar to any of these items. Accordingly, the DSX apparatus do not satisfy the terms of this heading and are not properly classifiable therein.

You claim that the CTB satisfy the terms of heading 8536, HTSUSA. More specifically, you state that the CTB is described within subheading 8536.90.00, HTSUSA, as an other apparatus for making connections to or in electrical circuits. The CTB satisfies the terms of this subheading. It provides for flexible connections between two or more lines or pieces of equipment.

You also claim that the subject jacks are described within subheading 8536.69.00, HTSUSA, as sockets. These apparatus are used for connecting a moveable lead or apparatus to an installation which is usually fixed. EN 85.36(III)(A). The jacks at issue satisfy the terms of this subheading. They are used to enter or connect to a circuit.

Subheading 8536.69.00, HTSUSA, additionally provides for plugs which connect a moveable lead or apparatus to an

-5-

installation. You claim that the subject plugs are "plugs" within the meaning of this subheading. The plug at issue is used to enter or connect to a circuit. Therefore, we agree that the plug in question satisfies the terms of this subheading.

Heading 8544, HTSUSA, provides for insulated electrical conductors, whether or not fitted with connectors. This heading covers electric cable used as a conductor in electrical apparatus. EN 85.44. This cable remains classified in this heading if cut to length or fitted with connectors. EN 85.44. The patch cord is a plug or multiple of conductor plugs connected via a twisted pair cable. However, plugs assembled with a length of wire are excluded from heading 8536, HTSUSA, and instead classifiable within heading 8544, HTSUSA. EN 85.36(III)(A). The subject patch cord is used to conduct a signal so that a circuit can be monitored, accessed, tested and patched. Accordingly, the patch cord satisfies the terms of this heading. More specifically, they are provided for within subheading 8544.51.80, HTSUSA, which provides for electric conductors for a voltage exceeding 80 V but not exceeding 1,000 V.

HOLDING:

The DSX, Wired Assembly, Pro-Patch and Ultra-Patch are properly classifiable within subheading 8517.81.00, HTSUSA, which provides for telephonic apparatus dutiable at the rate of 8.5 percent ad valorem.

The Connectorized Terminal Block is properly classifiable within subheading 8536.90.00, HTSUSA, which provides for sockets dutiable at the rate of 5.3 percent ad valorem.

The Coaxial, Printed-Circuit and Telephone Jacks are properly classifiable within subheading 8536.69.00, HTSUSA, which provides for apparatus for making connections to or in electrical circuits dutiable at the rate of 5.3 percent ad valorem. The plugs are also classifiable within this subheading.

The patch cord is properly classifiable within subheading 8544.51.80, HTSUSA, which provides for electric conductors, for a voltage exceeding 80 V but not exceeding 1,000 V, fitted with connectors, dutiable at the rate of 5.3 percent ad valorem.


Sincerely,


John Durant, Director
Commercial Rulings Division