CLA-2 CO:R:C:M 088496 MBR
Ms. Deborah J. Clune
PBB Customs Consultants
P.O.Box 950
Buffalo, NY 14213
RE: Coaxial Security System Sensor Cables
Dear Ms. Clune:
This is in reply to your letter of November 12, 1990, on
behalf of Senstar Corporation, requesting classification of
coaxial security system sensor cables, imported from Canada,
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
FACTS:
The Sentrax "leaky" or ported coaxial sensor cable is
designed to function as the detection element of an intrusion
detection system for security applications.
The coaxial sensor cable is constructed of a solid copper
center (conductor), surrounded by a layer of white polyethylene
foam (insulator), which is enclosed in copper braid having open
apertures (to allow leakage of electromagnetic field), all of
which is encased in an outer jacket of black polyethylene.
A pair of these coaxial sensor cables are normally buried in
the soil approximately nine inches deep and five feet apart
around the perimeter to be protected. A radio frequency (RF)
signal is transmitted into one of the cables, from an electronic
transceiver module. A controlled amount of this RF signal leaks
out of the apertures in the copper braid and thereby establishes
an external electromagnetic field. Part of this energy passes
back into the other parallel cable through its ports. When an
intruder disturbs the electromagnetic field, a microcomputer in
the receiver assesses the signal changes and compares them to
predetermined thresholds. If the threshold is exceeded, then an
alarm is generated by means of a relay closure or other signal.
-2-
ISSUE:
What is the classification of coaxial security system sensor
cables, under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA)?
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUSA
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
The coaxial sensor cables are prima facie classifiable under
the following headings:
8544 Insulated (including enameled or anodized) wire, cable
(including coaxial cable) and other insulated electric
conductors, whether or not fitted with connectors:
8544.20.00 Coaxial cable and other coaxial electric
conductors
* * * * * * * * * * * * *
8531 Electric sound or visual signaling apparatus (for example,
bells, sirens, indicator panels, burglar or fire alarms),
other than those of heading 8512 or 8513; parts thereof:
8531.90.00 Parts
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN), to heading 8544, page 1403, state:
Provided they are insulated, this heading covers electric
wire, cable and other conductors (e.g., braids, strip, bars)
used as conductors in electrical machinery, apparatus or
installations. Subject to this condition, the heading
includes wiring for interior work or for exterior use (e.g.,
underground, submarine or aerial wires or cables). These
goods vary from very fine insulated wire to thick cables of
more complex types.
The goods of this heading are made up of the following
elements:
(A) A conductor - this may be single strand or multiple,
and may be wholly of one metal or of different metals.
(B) One or more coverings of insulating material - the aim
-3-
of these coverings is to prevent leakage of electric
current from the conductor, and to protect it against
damage....
(C) In certain cases a metal sheath (e.g., lead, brass,
aluminum or steel); this serves as...a supplementary
conductor in certain co-axial cables.
(D) Sometimes a metal armoring....
The Explanatory Notes, although not dispositive, should be
looked to for the proper interpretation of the HTSUSA. See 54
Fed. Reg. 35128 (August 23, 1989).
These coaxial sensor cables are, in fact, insulated cable
used as a conductor. In the instant case, the insulation is
designed to prevent leakage, even though it is also designed to
allow a controlled amount of leakage. Thus, without the
insulating material in the instant merchandise, uncontrolled,
excessive leakage would occur, vitiating the usefulness of the
coaxial sensor cable. Thus, the fact remains that these coaxial
sensor cables are insulated. Finally, they have a metal braid
sheath which serves as a supplemental conductor.
Webster's New World Dictionary, Third College Edition,
(1988), defines coaxial as: 3 "designating a high-frequency
transmission line or cable in which a solid or stranded central
conductor is surrounded by an insulating medium which, in turn,
is surrounded by a solid or braided outside conductor in the form
of a cylindrical shell: it is used for sending telephone,
telegraph, television, etc. impulses."
Clearly, the instant sensor cable is a "coaxial cable" since
it consists of a solid copper center (conductor), surrounded by
polyethylene (insulating medium), which, in turn, is surrounded
by copper braid (outside conductor), and is used for sending or
receiving RF impulses.
The McGraw-Hill Encyclopedia of Science & Technology, Vol.
4, (1987), states that: "Coaxial units are designed for different
mechanical behavior depending upon the application." The subject
coaxial sensor cables are designed for a very specific
application. However, they are still properly described and
classifiable under the provision for coaxial cables.
The Section XVI, Legal Notes provide direction here:
2. Subject to note 1 to this section, note 1 to chapter 84
and to note 1 to chapter 85, parts of machines (not
being parts of the articles of heading 8484, 8544,
8546, or 8547) are to be classified according to the
following rules:
-4-
(a) Parts which are goods included in any of the
headings of chapters 84 and 85 (other than
headings 8485 and 8548) are in all cases to be
classified in their respective headings.
Therefore, since the coaxial sensor cables are goods
included in heading 8544, HTSUSA, they are properly classifiable
in that heading.
HOLDING:
The Sentrax "leaky" or ported coaxial sensor cable is
classifiable under subheading 8544.20.00, HTSUSA, which provides
for: "Insulated (including enameled or anodized) wire, cable
(including coaxial cable) and other insulated electric
conductors, whether or not fitted with connectors: Coaxial cable
and other coaxial electric conductors." The rate of duty is 3.7%
ad valorem, if the requirements of the U.S.-Canada Free Trade
Agreement are met.
Sincerely,
John Durant, Director
Commercial Rulings Division