CLA-2 CO:R:C:G 084958 TLS
Mr. Kerry Bock
Siemans Corporation
Suite 110 Boyce Plaza
1035 Boyce Road
Pittsburgh, Pennsylvania 15241
RE: Flexible electric composite copper/fiber-optic cables
Dear Mr. Bock:
Your letter of June 7, 1989 to our Chicago office requested
a ruling on the classification of cables under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA). It has
been referred to this office for a reply.
FACTS:
Five different cables are being presented to be classified.
The Protolon (SM) Portable Power Composite Reeling Cable (SM-
PPCRC) has a power voltage rating of 5-15KV, with an optical
fiber assembly weight of 0.8 oz./ft. The Protolon Portable Power
Composite Reeling Cable (PPCRC) has a pv rating of 5-35KV, with
an optical fiber assembly weight of 0.8 oz./ft. The Planoflex
Composite Flat Festoon Cable has a 600V pv rating, with an
optical fiber assembly weight of 0.8 oz./ft. The Cordaflex (SM)
Portable Composite Reeling Cable has a 600V pv rating, and its
optical fiber assembly weight is 0.8 oz./ft. The Spreaderflex
Composite Spreader Basket Cable has a 600V pv rating, with an
optical fiber assembly weight of 0.3 oz./ft. All the cables have
dual functions, which are to act as insulated electrical
conductors and to act as a light transmitting fiber-optic cables.
ISSUE:
Under which of the following HTSUSA subheadings are the
composite cables classifiable:
8544.59.20, HTSUSA, covering other electrical conductors,
for a voltage exceeding 80 V but not exceeding 1,000 V, of
copper, other than those fitted with connectors;
8544.60.40, HTSUSA, covering other electrical conductors,
for a voltage exceeding 1,000 V, of copper, other than those
fitted with connectors;
8544.70.00, HTSUSA, covering optical fiber cables.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI) govern
classification of articles under HTSUSA. All five composite
cables have the same functions and therefore can be discussed as
a group for classification purposes. The cables perform two main
functions; they act as insulated electrical conductors as well as
optical fiber cables. Each function is covered under a separate
subheading of HTSUSA heading 8544. Only heading 8544 applies in
this case, so we look to GRI 6 for interpretation. GRI 6
requires, for legal purposes, that classification of goods in the
subheadings of a heading shall be determined according to the
terms of those subheadings and any related subheading notes and,
mutatis mutandis, to the above rules, on the understanding that
only subheadings at the same level are comparable. In addition,
GRI 1 requires that classification be determined according to the
terms of the headings and any relative section or chapter notes.
Referring back to heading 8544, we find that optical fiber
cables are covered separately, "whether or not assembled with
electric conductors or fitted with connectors." Therefore, we
need not compare the competing subheadings here because the
heading itself directs us to the subheading for optical fiber
cables, given each cable's composition. The Harmonized Commodity
Description and Coding System, Explanatory Notes for heading 8544
further explain that optical fiber cables are used mainly in
telecommunications because their capacity for the transmission of
data is greater than that of electrical conductors. We are only
concerned with cables' functions, not the relative weight of
their various parts. Thus, because it cannot be determined that
either function prevails over the other, the composite cables are
classifiable according to EN 8544 and GRIs 1 and 6. Therefore,
the composite cables are properly classifiable under subheading
8544.70.00.
HOLDING:
The composite insulated electrical conductor and optical
fiber composite cables are classified under subheading
8544.70.00, HTSUSA, as optical fiber cables, made up of
individually sheathed fibers, assembled with electric conductors.
Sincerely,
John Durant, Director
Commercial Rulings Division