CLA-2-85:OT:RR:NC:N4:109

Joseph F. Walter
Senior Consultant
Livingston International Professional Services, Inc.
670 Young Street
Tonawanda, NY 14150

RE: The tariff classification of sensor cables from Canada

Dear Mr. Walter:

In your letter dated June 2, 2017, you requested a tariff classification ruling on behalf of your client, Senstar Corporation.

The item in question is a ported or leaky coaxial sensor cable used with the OmniTrax® Perimeter Intrusion Detection System. The cable is used as an outdoor perimeter security intrusion detection sensor. In use two cables would be buried in the ground parallel to one another around the perimeter to be protected. A controller would be connected to the cables and used to generate/transmit/receive an RF signal. One cable is used in the transmission function and the other cable is used in the reception function.

The cables are designed with apertures in the outer conductor. The apertures in the outer conductor allow radio frequency (RF) energy to escape from one of the cables and be received by the corresponding parallel cable. This creates an electromagnetic detection field. When the electromagnetic detection field is disturbed the amount of RF energy received would change, a controller evaluates the magnitude of the RF energy change and, when appropriate, activates an alarm.

You have proposed classification of the item concerned within subheading 8531.90.9001, which provides for parts of electric sound or visual signaling apparatus. While the item concerned may be a part of the OmniTrax® Perimeter Intrusion Detection System, Section XVI, Legal Note 2, provides that parts of machines (not being parts of the articles of heading 8484, 8544, 8546, or 8547) are to be classified according to the following rules: (a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8485 and 8548) are in all cases to be classified in their respective headings.

The item concerned is in fact an insulated conductor. The OmniTrax website describes these items as leaky or ported coaxial cables. They consist of a central conductor surrounded by an insulator which is then surrounded by a secondary conductor. The secondary or outer conductor is designed with apertures/spaces/ports/gaps. There is also a low voltage power wire within the cable. The assembly is surrounded by an insulating outer jacket. The respective heading for this assembly would be heading 8544, which provides for insulated conductors. Based on the information supplied, the OmniTrax website and the precedence set forth in HQ 088496, classification as a part, within heading 8531, would be inapplicable.

The applicable subheading for the OmniTrax® Perimeter Intrusion Detection Sensor Cable will be 8544.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Coaxial cable and other coaxial electric conductors.” The rate of duty will be 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 https://hts.usitc.gov/current.

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 Steven Pollichino at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division