CLA-2-90:RR:NC:MM:114 M83987

Mr. James T. Purcell
Schott North America
400 York Avenue
Duryea, PA 18642

RE: The tariff classification of SpectraFlex harnesses from Germany

Dear Mr. Purcell:

In your letter dated May 24, 2006, you requested a tariff classification ruling on SpectraFlex harnesses. A sample was submitted with the ruling request.

Your submitted sample is identified as a SpectraFlex harness. The SpectraFlex harness is described as an optical fiber light harness containing glass optical fibers. There are several different sizes and a product code for each size. The number of glass optical fibers that are contained within the plastic sheathing of each of the SpectraFlex harnesses can range from 280 to 4410 fibers per bundle. Multiple fibers are contained in one sheath; the fibers are not individually sheathed. You have indicated that there are no strength members, aramid fibers, etc., incorporated in the harnesses, only the fibers and the outer plastic sheathing. The SpectraFlex harnesses are used for lighting inside of cabinets, fixtures and architectural wall panels. The SpectraFlex harnesses do not contain a light source. Their function is to transmit light in the wavelength range of 400 to 1100 nanometers.

You have proposed classification for the SpectraFlex harness under heading 9002, Harmonized Tariff Schedule of the United States (HTSUS). The SpectraFlex harness is not classified in heading 9002 because the SpectraFlex harness is not an optical element in a mounting and it is specifically provided for in heading 9001, HTSUS.

Your sample is being returned as requested.

The applicable subheading for the SpectraFlex harness will be 9001.10.0085, HTSUS, which provides for optical fibers and optical fiber bundles; optical fiber cables other than those of heading 8544: optical fibers, optical fiber bundles and cables: other. The rate of duty will be 6.7 percent 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 World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division