CLA-2 CO:R:C:M 955389 RFA
Mr. Michael G. Lubitz
Kyocera Industrial Ceramics Corporation
5713 East Fourth Plain Boulevard
Vancouver, WA 98661
RE: Adapter; Fiber Optic Connector; Article of Copper; Headings
8536, 8544, 8548, 9001; EN 74.19, 85.36(III)
Dear Mr. Lubitz:
This is in response to your letter dated November 11, 1993,
concerning the tariff classification of a fiber optic adapter
under the Harmonized Tariff Schedule of the United States
(HTSUS). In preparing this ruling, we also considered the
supplemental information provided with your letter of March 2,
1994.
FACTS:
The adapter, Model No. D-4, is comprised of an outer housing
made of nickel plated brass and a split sleeve made of phosphor
bronze. The function of the adapter is to assist in the
mechanical alignment and interconnection of optical fibers to
facilitate transmission between the optical fibers. Inside the
adapter is a metal bronze sleeve which has as its primary purpose
to guide and hold two optical connectors. The optical fiber,
which replaces electric conductors, are used to transmit voice,
video, alphanumerize and graphic data.
ISSUE:
Is the adapter classifiable as electrical apparatus for
making connection to or in electrical circuits, or as parts of
electrical apparatus not specified elsewhere, or as other
articles of copper under the HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
You indicate that the adapter may be classifiable under
heading 8536, HTSUS, which provides for: "[e]lectrical apparatus
for switching or protecting electrical circuits, or for making
connections to or in electrical circuits (for example, switches,
relays, fuses, surge suppressors, plugs, sockets, lamp-holders,
junction boxes), for a voltage not exceeding 1,000 V".
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Cooperation
Council's official interpretation of the HTSUS. While not
legally binding, the ENs provide a commentary on the scope of
each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings. See T.D. 89-80, 54
Fed.Reg. 35127, 35128 (August 23, 1989). EN 85.36(III), page
1390, states, in pertinent part, that: "[t]his apparatus is used
to connect together the various parts of an electrical circuit."
The subject adapter does not connect together the various parts
found in an electrical circuit. Instead, the adapter merely
aligns the individual optical fibers which will allow the optical
fibers to interact with each other. Therefore, classification
under heading 8536, HTSUS, is precluded.
Classification of the adapter as a part or accessory of the
optical fibers was also suggested. Heading 9001, HTSUS, provides
for "[o]ptical fibers and optical fiber bundles; optical fiber
cables other than those of heading 85.44". Heading 8544, HTSUS,
provides for optical fiber cables used for telecommunications.
Because the adapters are to be used in conjunction with optical
fibers to transmit voice, video, alphanumerize and graphic data,
you suggest classification under chapter 85 is more appropriate.
You argue that the adapter is classifiable under subheading
8548.00.00, HTSUS, which provides for: "[e]lectrical parts of
machinery or apparatus, not specified or included elsewhere in
this chapter. . . ." However, the adapter does not contain any
electrical elements or interact with the transmission of the
light through the optical fibers. The adapter merely assists in
the mechanical alignment and interconnection of two optical
fibers. EN (B) to Chapter 85, pages 1332-1333, states as
follows: "[n]on-electrical parts of the machines or apparatus of
this Chapter are classified as follows: (i) [m]any are in fact
articles falling in other Chapters. . . ." The adapter is a non-
electrical part of apparatus of chapter 85 (i.e., fiber optic
cables). Therefore, if the adapter is provided for in another
chapter, it is classified there.
The adapter is comprised of two materials, nickel plated
brass and phosphor bronze. Both materials are alloys of copper.
Articles of copper are provided for under heading 7419, HTSUS.
EN 74.19(5), page 1052, states as follows: "[t]his heading
covers, in particular: [a]rticles of copper of the types listed
in the Explanatory Notes to headings 73.25 and 73.26." EN 73.26
for articles of iron or steel, page 1038, states as follows:
"[t]he heading includes: . . . iron or steel fittings for
electric wiring (e.g., stays, clips, brackets) . . . ." We find
that the adapter is a copper article used as a fitting for
optical fibers. Therefore, the adapter is classifiable under
subheading 7419.99.50, HTSUS, which provides for other articles
of copper.
HOLDING:
The adapter is classifiable under subheading 7419.99.50,
HTSUS, which provides for: "[o]ther articles of copper: [o]ther:
[o]ther: [o]ther. . . ." The general, column one rate of duty is
5 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division