CLA-2-90:OT:RR:NC:N2:212
Alexis Kwak
Clearfield Inc
7050 Winnetka Ave N, Suite 100
Brooklyn Park, MN 55428
RE: The tariff classification of fiber optic cabinets from Mexico
Dear Ms. Kwak:
In your letter dated December 10, 2025, you requested a tariff classification ruling.
The merchandise under consideration is described as passive optical network (PON) cabinets. The subject
cabinets are comprised of multiple fiber optic cassettes, which are made up of various fiber optic splitter
modules, fiber optic connectors, and cabling within a metal cabinet. The subject device contains no electrical
components and is only meant for the passive transmission of optical signals within a fiber optic network.
The cabinets are configured with various numbers of cassettes and modules, dependent upon the needs of the
customer. The cabinet functions as a passive splitter within a telecommunications system.
In your request, you suggest that the correct classification for the cabinets should be 8537.10.9170,
Harmonized Tariff Schedule of the United States (HTSUS). We disagree.
The subject cabinet functions passively and does not distribute electricity per the terms of heading 8537,
HTSUS. Further, the precedence set by HQ 967549 as well as ADC Telecommunications Inc. v. United
States, Ct No. 13-00400, notes that optical elements with no electronic or electrical components are
accurately classified under heading 9013, HTSUS. As such, classification within heading 8537, HTSUS, is
not applicable.
The applicable subheading for the PON cabinets will be 9013.80.9100, HTSUS, which provides for “Liquid
crystal devices not constituting articles provided for more specifically in other headings; lasers, other than
laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter;
parts and accessories thereof: Other devices, appliances and instruments: Other.” The general rate of duty
will be 4.5% ad valorem.
The duties cited above are current as of this ruling’s issuance. 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
at https://hts.usitc.gov/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Luke LePage at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division