CLA-2-85:OT:RR:NC:N1:112

Mr. Rolando Portal
Customs Compliance Manager
Circuit City
9950 Mayland Drive
Richmond, VA 23233

RE: The tariff classification of a Composite Video Cable, an RCA Audio Cable, an S-Video Cable, and a Component Video and Composite Audio Cable from China

Dear Mr. Portal:

In your letter dated August 28, 2008, you requested a tariff classification ruling. The samples which you submitted are being retained by this office.

The first item concerned is a Composite Video Cable (model N6COMPOS). This cable is used to transfer a video signal from a satellite or cable converter box or a DVD player to a television. The cable length may be 4 ft, 6 ft, or 8 ft. The cable consists of a central copper conductor which is surrounded by an insulating sleeve of polyethylene, which is then surrounded by a foil shield, which is surrounded by a second, braided, copper conductor, all of which is encased in a black insulating outer jacket. There are RCA type connectors on both ends. This particular cable is constructed in what is known as a coaxial configuration.

The second item concerned is an RCA Audio Cable (model N6STEREORCA). This cable is used to transfer audio signals to or from various electronic entertainment devices such as TVs, Stereos, CD or DVD players, VCRs, etc. The cable length may be 4 ft, 6 ft, or 8 ft. The cable consists of two complete cables which are joined together down the length of the cable. There are two RCA type connectors on each of this dual/stereo cable. Each of the cable sections consist of a central copper conductor which is surrounded by an insulating sleeve, which is then surrounded by a second copper conductor, all of which is incased in a black insulating outer jacket. This particular cable is constructed in what is known as a coaxial configuration.

You have proposed classification of the Composite Video Cable (model N6COMPOS) and the RCA Audio Cable (model N6STEREORCA) under subheading 8544.42.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable… Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Of a kind used for telecommunications.” You base this on a notice of proposed revocation of a ruling letter and treatment relating to the classification of “USB Cables and Ethernet Cables” which was published on August 6, 2008, under Customs Bulletin & Decisions, Vol. 42, No. 33. That proposed revocation applies only to those items specifically identified in that proposal. The merchandise concerned is not USB or Ethernet cable; as such the proposed revocation notice and the findings within would not apply to this merchandise. In addition, cable which is constructed in a coaxial configuration is specifically provided for in its own subheading, as such subheading 8544.42.2000 would not be applicable.

The applicable subheading for the Composite Video Cable (model N6COMPOS) and the RCA Audio Cable (model N6STEREORCA) 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%.

We are rejecting your request for a classification ruling for the S-Video Cable (model N6SVIDEO) and the Component Video and Composite Audio Cable (model N6COMPONKIT) because we need additional information in order to issue a ruling on these items. Please submit the additional information requested below:

A sample of each cable. A labeled cut away diagram which shows the internal construction of each cable. Please provide specific descriptive literature on both use and function of these cables. What is the maximum voltage handling capacity of each cable? What is the industry name for the types of connectors used on each cable?

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Steve Pollichino at (646) 733-3008.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division