CLA-2-90:OT:RR:NC:N4:414
Ms. Etsuko Wilson
Calsak Corporation
1225 W. 190th Street
Suite 375
Gardena, CA 90248
RE: The tariff classification of plastic fiber optic products from Japan
Dear Ms. Wilson:
In your letter dated April 6, 2011 you requested a tariff classification ruling on fiber optic products. Sample pieces of five fiber optic products were furnished with your request for a ruling. The fiber optic products are used in data transmission.
Item No. MH4001 is composed of a single strand of optical fiber covered by a black polyethylene jacket. The optical fiber has a core of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyethylene jacket has a thickness of 0.6mm. There is no strength member in item MH4001.
Item No. GHN4001 is composed of a single strand of optical fiber covered by a black polyamide 12 jacket. The optical fiber has a core of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyamide 12 jacket has a thickness of 0.6mm. There is no strength member in item GHN4001.
Item No. GHV4001 is composed of a single strand of optical fiber covered by a gray polyvinyl chloride jacket. The optical fiber has a core of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyvinyl chloride jacket has a thickness of 0.6mm. There is no strength member in item GHV4001.
Item GHEV4001 is composed of a single strand of optic fiber covered by a black polyethylene jacket and then covered by a gray polyvinyl chloride protective jacket. The optical fiber has a core of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyethylene jacket has a thickness of 0.6mm and its function is to prevent light from escaping outside and to prevent any light from entering from outside. The polyvinyl chloride jacket has a thickness of 0.4mm and its main function is to protect the optical fiber and the polyethylene jacket from damage. There is no strength member in item GHEV4001.
Item GHEL4001-OR is composed of a single strand of optical fibers covered by a black polyethylene jacket and then covered by a red polyethylene elastomer protective jacket. The optical fiber has a core of polymethyl-methacrylate resin and fluorinated polymer cladding. The polyethylene jacket has a thickness of 0.6mm and its function is to prevent light from escaping outside and to prevent any light from entering from outside. The polyethylene elastomer jacket has a thickness of 0.825mm and its main function is to protect the optical fiber and the polyethylene jacket from damage. There is no strength member in item GHEL4001-OR.
In your original letter, New York file number N150876 which was returned to you for additional information, you suggested classification under subheading 8544.70.00, HTSUS, which provides for optical fiber cable composed of individually sheathed fibers. The National Import Specialist responsible for subheading 8544.70.00, HTSUS, states that item numbers MH4001, GHN4001, GHV4001, GHEV4001 and GHEL4001-OR are not classified as optical fiber cable under subheading 8544.70.00, HTSUS. In order to be classified as optical fiber cable under subheading 8544.70.00, HTSUS, the article must be composed of individually sheathed optical fibers, and contain strength members and a protective outer jacket. Items MH4001, GHN4001 and GHV4001 consist of sheathed fibers. These products lack strength members and protective outer jackets. Items GHEV4001 and GHEL4001-OR consist of sheathed fibers in protective outer jackets. These products lack strength members.
The applicable subheading for MH4001, GHN4001, GHV4001, GHEV4001 and GHEL4001-OR will be 9001.10.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for optical fibers, optical fiber bundles and cables; optical fibers: for transmission of voice, data or video communications. The rate of duty will be 6.7 percent ad valorem.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division