OT:RR:NC:N2:212
Younju Lee
JangBaek Customs Attorney
4F,24, Dosandaero 38, Kangnam
Seoul 06049
South Korea
RE: The tariff classification, country of origin, and eligibility of the United States-Korea Free Trade
Agreement (UKFTA) of fiber optic cables
Dear Mr. Lee:
In your letter dated January 9, 2026, you requested a ruling on the tariff classification, country of origin, and
eligibility of fiber optic cables under the United States-Korea Free Trade Agreement (UKFTA).
There are two items at issue with this request, which are both identified as Flat Drop Toneable Optical Fiber
Cables, and individually identified by model numbers OH-TBFL-INA101BK (part 1) and
OH-TBFL-KRA101BK (part 2). The subject cables are comprised of optical fiber, which are layered with a
protective buffer coating and jacketed with various levels of protection, including aramid yarn. The cable is
further encased with an inner sheath and a water-blocking element of swellable yarn. The fiber is further
combined with a strength member and copper conductor, which functions as a strength member as well as a
conductive element allowing it to be detected via tracing equipment. Lastly, the inner layers are encased in a
protective sheath of high-density polyethylene (HDPE). The cables are imported on reels and are not
terminated with connectors. The subject cables are used to transmit optical data signals in various
communication networks, telecommunications facilities, data centers, and building network wiring.
In your request, you state that the manufacturing process for the each model of the subject cables is
substantially similar and only differs in the country of origin of certain components. For part 1, the process
begins with the manufacture of the optical fibers from preform in India. After the fiber drawing process is
performed in India, the fiber is then sent to Korea where the buffer layer is added via an extrusion process
before it is covered with yarn. The copper wire, which originates from Korea, is then added before a second
sheath is added covering the entire cable. The finished cable is then wound onto a reel and prepared for
export to the United States.
For part 2, the process begins with the optical preform being manufactured in Japan and then sent to Korea,
where the fiber drawing process is completed. The remainder of the process in Korea is identical to that
described for part 1.
Classification:
In your request, you suggest that the correct classification for both cables is under subheading 8544.70.0000,
Harmonized Tariff Schedule of the United States (HTSUS). We agree.
The applicable subheading for the Flat Drop Toneable Optical Fiber Cables, part numbers
OH-TBFL-INA101BK and OH-TBFL-KRA101BK, will be 8544.70.0000, HTSUS, which provides for
“Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric
conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed
fibers, whether or not assembled with electric conductors or fitted with connectors: Optical Fiber cables.”
The general rate of duty will be free.
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.
Country of Origin and Marking:
When determining the country of origin for purposes of applying current trade remedies under Section 301
and additional duties, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling
Letter H301619, dated November 6, 2018. The test for determining whether a substantial transformation will
occur is whether an article emerges from a process with a new name, character, or use different from that
possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 681 F.2d 778
(C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v.
United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993).
Additionally, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless
excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a
manner as to indicate to the ultimate purchaser in the United States, the English name of the country of origin
of the article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be
able to know by an inspection of the marking on the imported goods the country of which the goods is the
product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may,
by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should
influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the
country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP
Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production, or
growth of any article of foreign origin entering the United States. Further work or material added to an article
in another country must effect a substantial transformation in order to render such other country the “country
of origin” within the meaning of the marking laws and regulations.
Regarding the country of origin for the purposes of trade remedies and marking for the subject cables, it is
the opinion of this office that the optical preform imparts the character of the finished articles. The preforms
are manufactured with specific attributes and qualities predetermined by the materials used in the
manufacturing process. The drawing of fibers from the preform will preserve the key properties of the
preform such as the refractive index, core and cladding structure, and chemical composition. The drawing
process merely transforms the physical attributes by massively reducing the diameter of the preform into
extremely thin fibers while retaining the ratio of core size and cladding size along with maintaining the
chemical and optical attributes. Further, the processes performed in Korea would not substantially transform
the preform nor the fiber into new and different articles of commerce. Based upon the facts presented, the
country of origin for marking and trade remedy purposes for part number OH-TBFL-INA101BK will be
India. For part number OH-TBFL-KRA101BK, the country of origin will be Japan.
UKFTA:
General Note 33, HTSUS, sets forth the criteria for determining whether a good is originating under the
United States-Korea Free Trade Agreement (UKFTA). General Note 33(b), HTSUS, (19 USC 1202) states
that:
For the purposes of this note, subject to the provisions of subdivisions (c), (d), (n) and (o) thereof, a good
imported into the customs territory of the United States is eligible for treatment as an originating good of a
UKFTA country under the terms of this note if-
(i) the good is wholly obtained or produced entirely in the territory of Korea or of the United States,
or both;
(ii) the good is produced entirely in the territory of Korea or of the United States or both, and –
(A) each of the nonoriginating materials used in the production of the good undergoes an
applicable change in tariff classification specified in subdivision (o) of this note; or
(B) the good otherwise satisfies any applicable regional value-content or other requirements
set forth in such subdivision (o); and satisfies all other applicable requirements of this note and
of applicable regulations; or
(iii) the good is produced entirely in the territory of Korea or the United States,
or both, exclusively from materials described in subdivisions (i) or (ii), above.
For goods classified under subheading 8544.70, HTSUS, General Note 33(o) states:
95. A change to subheading 8544.70 from any other subheading.
Based upon the information provided, the components which originate outside of Korea, namely the preform,
fiber, and yarn, are all classified outside of the noted subheading above. As such, both cables would make the
aforementioned tariff shift. Consequently, the subject cables would be eligible for preferential treatment
under the UKFTA.
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)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division