CLA-2-85:OT:RR:NC:N1:112
Kirsten Herder
International Trade Compliance Officer
ADC Telecommunications, Inc.
501 Shenandoah Drive
Shakopee, MN 55379
RE: The tariff classification of telecommunication cable from an undisclosed country
Dear Ms. Herder:
In your letter dated January 6, 2015, you requested a tariff classification ruling.
The merchandise in question is referred to as “640 Series CMR CAT 6A UTP Cable”, which is described as a telecommunications cable constructed of four twisted pairs of 23 AWG, solid copper wire, each with insulation of .04 inch, and a polyethylene jacket measuring .295 inch in diameter. The cable will be imported on 1000’ spools and without connectors.
You state that the cables are rated for a maximum surge voltage of 300 V, however the typical operating voltage of this type of cable is 45 V, and therefore suggest the classification of 8544.49.1000, Harmonized Tariff Schedule of the United States (HTSUS). The provided specification sheet indicates two rated voltages for this cable: a maximum operating voltage of 80 VDC, and a maximum surge voltage of 300 VDC.
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.
By application of GRI 1, the cables described here are specifically provided for in subheading 8544.49.30 because they are not fitted with connectors, are rated at 300 V, and are constructed of copper. Thus, the suggested classification is not appropriate.
The applicable subheading for the “640 Series CMR CAT 6A UTP Cable” will be 8544.49.3080, HTSUS, which provides for “Insulated wire…: Other electric conductors, for a voltage not exceeding 1,000 V: Other: Other: Of copper: Other”. The rate of duty is 5.3%.
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 Karl Moosbrugger at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division