CLA-2-85:OT:RR:NC:N1:112
Mr. Raymond Heroux
Heroxx Logistix Inc.
580 Laverendrye Drive
Ottawa, Ontario K1J 7B8
RE: The tariff classification of a coaxial cable core from an unspecified country of origin
Dear Mr. Heroux:
In your letter dated February 24, 2009, on behalf of Belden Canada Inc., you requested a tariff classification ruling. The sample which you submitted is being retained by this office.
The item concerned is referred to as an un-insulated coaxial cable core (part # 16549YP). It is constructed of a copper coated steel primary conductor. That primary conductor is covered with an insulating layer of polyethylene. Next, the polyethylene insulator is covered by a layer of Beldfoil, which is a foil shielding product made of 2 layers of plastic film (Ethylene Acrylic Acid Copolymer and polypropylene) laminated with 2 layers of aluminum foil. The foil shield is covered with a braided secondary conductor of aluminum. In this instance, the outer most jacketing of the coaxial cable is absent.
The item in question fits the description of a coaxial cable. It is a two conductor cable consisting of an inner, central conductor, surrounded by a braided tubular outer conductor. The two conductors are separated by an electrically insulating medium (polyethylene), which supports the inner conductor and keeps it concentric with the outer conductor.
In your inquiry you contend that the coaxial cable should be classifiable in HTS 7312.90.0000. The cable is constructed of a central core conductor made of copper coated steel covered first with a layer of foam polyethylene, then covered with a layer of plastic film laminated with aluminum foil, and finally covered with an aluminum plaited hollow cable. This item is manufactured beyond the intent of HTSUS 7312.90.0000 which provides for stranded wire, ropes, cables, plaited bands, slings, and the like of iron or steel, not electrically insulated: other. It is the opinion of this office that the polyethylene layer provides insulation. Insulated electrical cable is excluded from classification in heading 7312 by the Harmonized Commodity Description and Coding System Explanatory Notes which are indicative of the proper interpretation of the headings.
The cable concerned, which is actually an un-jacketed coaxial cable, is an electric conductor that is insulated with a dielectric made from polyethylene. Polyethylene is a common insulting material used in the manufacture of coaxial cable. The inner primary conductor is, as required by heading 8544, covered with an insulating material.
The applicable subheading for the un-jacketed coaxial cable core (part # 16549YP) will be 8544.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Coaxial cable and other coaxial electric conductors.” The rate of duty will be 5.3%.
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 on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Steve Pollichino at (646) 733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division