CLA-2 CO:R:C:M 956198 RFA
Dr. Bo Denysyk
Global USA, Inc.
2121 K Street, N.W.
Suite 650
Washington, D.C. 20037
RE: Ceramic Ferrules; Adapters; Fiber Optic Connectors; Articles
of Porcelain; Headings 6909, 8536, 8544, 8548, 9001; EN
69.09; HQ 955389; NY 893466, affirmed
Dear Dr. Denysyk:
This is in response to your letter dated February 7, 1994,
to the Area Director of Customs in New York, on behalf of Kyocera
International, Inc., requesting reconsideration of NY 893466,
dated January 26, 1994, which concerned the classification of
ceramic ferrules under the Harmonized Tariff Schedule of the
United States (HTSUS).
FACTS:
The merchandise is ceramic ferrules of porcelain that are
used to mechanically align and interconnect optical fibers to
facilitate transmission between the optical fibers. Optical
fiber connectors are sometimes referred to as adapters. The
optical fiber, which replaces electric conductors, are used to
transmit voice, video, alphanumerize and graphic data.
ISSUE:
Are the ceramic ferrules classifiable as electrical
apparatus for making connection to or in electrical circuits, or
as parts of electrical apparatus not specified elsewhere, or as
ceramic wares for other technical uses, or as other ceramic
articles 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.
Customs has recently addressed the classification issue of
fiber optic adapters made of brass and bronze in HQ 955389, dated
June 29, 1994. In that ruling, Customs determined that the fiber
optic adapter is not classifiable as electrical apparatus for
making connection to an electrical circuit under heading 8536,
HTSUS, because the 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.
In HQ 955389, 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, classification under chapter 85
was given consideration.
You suggest that the ceramic ferrules could be 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 ceramic
ferrules do not contain any electrical elements or interact with
the transmission of the light through the optical fibers. The
ceramic ferrules or the adapter merely assists in the mechanical
alignment and interconnection of two optical fibers.
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 (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 ceramic ferrules are non-electrical parts
of apparatus of chapter 85 (i.e., fiber optic cables).
Therefore, if the ceramic ferrules are provided for in another
chapter, it is classified there.
In NY 893466, dated January 26, 1994, the subject ceramic
ferrules were found to be classifiable under subheading
6914.10.00, HTSUS, which provides for: "[o]ther ceramic articles:
[o]f porcelain or china. . . ." In your letter, you admit that
there are ceramic ferrules that are general purpose guides for
various classes of fiber optic cables which are predominantly
used as "accessories" to the electronic industry and would not be
classified as a "machine part". You claim that because the
subject ceramic ferrules are specifically designed for certain
machines, they should be classified under subheading 6909.11.20,
HTSUS, which provides for: "[c]eramic wares for laboratory,
chemical or other technical uses; . . . : [c]eramic wares for
laboratory, chemical or other technical uses: [o]f porcelain or
china: [m]achinery parts. . . ."
In support of your claim for classification under heading
6909, HTSUS, you cite to American Feldmuehle Corp. v. United
States, 64 Cust. Ct. 462, C.D. 4021 (1970), in which the Customs
Court held that tool tip blanks made of porcelain were
classifiable as machinery parts of porcelain under the Tariff
Schedules of the United States (the predecessor to the HTSUS).
You indicate that the holding in NY 893466 is contrary to the
decision in American Feldmuehle Corp.. However, EN 69.09, page
921, defines the scope of "ceramic wares for other technical
uses" as follows:
The heading covers in particular: . . .
(2) Ceramic wares for other technical uses, such as
pumps, valves; retorts, vats, chemical baths and
other static containers with single or double
walls (e.g., for electroplating, acid storage);
taps for acids; coils, fractionating or
distillation coils and columns, Raschig rings for
petroleum fractionating apparatus; grinding
apparatus and balls, etc., for grinding mills;
thread guides for textile machinery and dies for
extruding man-made textiles; plates, sticks, tips
and the like, for tools (emphasis added).
Because EN 69.09 specifically lists the merchandise
described in American Feldmuehle Corp., we find that the holding
in NY 893466 is not contrary to that court decision. Customs
believes that the phrase "ceramic wares for other technical uses"
covers only those products specifically listed above in EN 69.09.
In HQ 955389, Customs determined that the adapter was a copper
article used as a fitting (e.g., stays, clips, brackets) for
optical fibers. Because fittings are not specifically listed in
EN 69.09, we find that classification of the ceramic ferrules is
precluded under heading 6909, HTSUS. Therefore, the ceramic
ferrules are classifiable under subheading 6914.10.00, HTSUS, as
other ceramic articles, made of porcelain.
NY 893466 is affirmed.
HOLDING:
The ceramic ferrules or adapters are classifiable under
subheading 6914.10.00, HTSUS, which provides for: "[o]ther
ceramic articles: [o]f porcelain or china. . . ." The general,
column one rate of duty is 9 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division