CLA-2-90:OT:RR:NC:N4:414
Ms. Etsuko Wilson
Calsak Corporation
1225 W. 190th Street
Suite 375
Gardena, CA 90248
RE: The tariff classification of plastic fiber optic products from Japan
Dear Ms. Wilson:
In your letter dated March 31, 2011 you requested a tariff classification ruling on fiber optic products. Sample pieces of five fiber optic products were furnished with your request for a ruling. The fiber optic products are used in data transmission.
Item No. SH4001 is composed of a single strand of optical fiber covered by a black polyethylene jacket. The optical fiber has a core of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyethylene jacket has a thickness of 0.6mm. There is no strength member in SH4001.
Item No. GH4001 is composed of a single strand of optical fiber covered by a black polyethylene jacket. The optical fiber has a core of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyethylene jacket has a thickness of 0.6mm. There is no strength member in GH4001. GH4001 is described as a higher quality optical fiber product which has better transmission and has more resistance to higher temperatures than SH4001.
Item No. GHCP4001 is composed of a single strand of optical fiber covered by a black chlorinated polyethylene jacket. The optical fiber has a core of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyethylene jacket has a thickness of 0.6mm. There is no strength member in GHCP4001.
Item No. LH4001-1.3 is composed of a single strand of optical fiber covered by a black polyethylene jacket. The optical fiber consists of fused multicore of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyethylene jacket has a thickness of 0.15mm. There is no strength member in LH4001-1.3.
Item No. GHCP4002 is composed of two strands of optical fiber, each covered by a black chlorinated polyethylene jacket. Each optical fiber consists of a core of polymethyl-methacrylate resin and fluorinated polymer cladding. Each of the polyethylene jackets has a thickness of 0.6mm. In appearance, GHCP4002 consists of side by side single strands of optical fiber individually covered by a black jacket. There is no strength member in GHCP4002.
In your original letter, New York file number N150876 which was returned to you for additional information, you suggested classification under subheading 8544.70.00, HTSUS, which provides for optical fiber cable composed of individually sheathed fibers. The National Import Specialist responsible for subheading 8544.70.00, HTSUS, states that item numbers SH4001, GH4001, GHCP4001, LH4001-1.3 and GHCP4002 are not classified as optical fiber cable under subheading 8544.70.00, HTSUS. In order to be classified as optical fiber cable under subheading 8544.70.00, HTSUS, the article must be composed of individually sheathed optical fibers and contain strength members and a protective outer jacket. Items SH4001, GH4001 and GHCP4002, LH4001-1.3 and GHCP4002 consist of sheathed fibers. All of the products lack strength members and protective outer jackets.
The applicable subheading for SH4001, GH4001, GHCP4001, LH4001-1.3 and GHCP4002 will be 9001.10.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for optical fibers, optical fiber bundles and cables; optical fibers: for transmission of voice, data or video communications. 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