CLA-2-90:OT:RR:NC:N2:212
Richard Walker
V. Alexander & Co., Inc.
110 Tyson Blvd., Suite 202 Alcoa, TN 37701
RE: The tariff classification of fiber optic enclosures and parts from China
Dear Mr. Walker:
In your letter dated March 23, 2023, you requested a tariff classification ruling on behalf of Performed Line Products Company.
There are five items under consideration with this request. The first is identified by part number 80812W2T and described as a fiber optic connection enclosure. The subject item is comprised of two plastic wire splice trays encased within a plastic enclosure. Based on the information provided, as well as an examination of the provided sample, the subject enclosure does not contain any electrical or optical components. You state that the enclosure will be used within a fiber optic network to align and connect optical fibers. The enclosure will have multiple other components added after importation.
The second item is identified by part number 80812SCC and described as a fiber optic connection enclosure with connectors. The subject enclosure is identical to that described above with the addition of various optical, plastic, and aluminum articles. In addition to the splice trays mentioned above, this enclosure contains a retention tray, fusion splice block, aluminum bulkhead, various rubber grommets, and a single strand fiber optic cable fitted with a connector. You state that the item does not contain any active electronic or electrical components and does not alter a signal in any way. The subject enclosure, in this state, is ready to be installed within the fiber optic network to connect and align optical fibers.
The third item is identified by part number 80813898 and described as an adapter bulkhead. The subject bulkhead is an aluminum mounting bracket with designated cutouts for the incorporated optical connectors. The bracket will be placed within the enclosure in order to support the internal optical connections.
The fourth item is identified by part number 80812172 and is described as a 1-hole grommet. The subject grommet is made of molded silicone plastic with a hole all the way through the middle. The grommet is installed within the bottom of the enclosure and allows for the protection of the fiber optic cables as well as adding weatherproofing to the enclosure.
The fifth and final item is identified by part number 80812437 and is described as a blank grommet. This item is similar to the fourth item described above with the only difference being that it does not incorporate a hole through the center. The subject grommet is used as a place keeper on the bottom of the enclosure prior to configuration with optical cables. Once optical cables are inserted into the enclosure, the blank grommet is replaced with the 1-hole version.
In your request, you suggest that the first item, the Plastic Fiber Connection Enclosure, part number 80812W2T, is classifiable under subheading 8538.90.8180, Harmonized Tariff Schedule of the United States (HTSUS). We disagree.
As the subject enclosure is designed and specially outfitted to accommodate fiber optic cables and/or connections, and is not considered a part of electrical apparatus of headings 8538 through 8537, heading 8538, HTSUS, is not appropriate.
The applicable subheading for the Plastic Fiber Connection Enclosure, part number 80812W2T, will be 9013.90.8000, HTSUS, which provides for “Lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter: Parts and accessories: Other: Other.” The general rate of duty will be 4.5% ad valorem.
In your request, you suggest that the second item, the Plastic Fiber Connection Enclosure Fitted with Mechanical Connectors, part number 80812SCC, is classifiable under subheading 8536.70.0000, HTSUS. We disagree.
Subheading 8536.70.0000, HTSUS, specifically provides for fiber optic connectors. As the subject enclosure fitted with connectors is a non-electrical enclosure that is designed and specially outfitted to accommodate fiber optic cables and/or connectors, subheading 8536.70.0000, HTSUS, is not appropriate.
The applicable subheading for the Plastic Fiber Connection Enclosure Fitted with Mechanical Connectors, part number 80812SCC, will be 9013.90.8000, HTSUS, which provides for “Lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter: Parts and accessories: Other: Other.” The general rate of duty will be 4.5% ad valorem.
In your request, you suggest that the third item, the adapter bulkhead, part number 80813898, is classifiable under subheading 8538.90.8180, HTSUS. We disagree.
Subheading 8538.90.8180, HTSUS, covers those items solely or principally used with electrical apparatus of headings 8535, 8536, or 8537, HTSUS. As previously established above, the subject enclosures do not meet the terms of heading 8536, HTSUS. As such, the subject bulkhead cannot be considered a part under the proposed subheading. Furthermore, as the enclosures are classified within a parts and accessories provision of the tariff, they are unable to be classified as parts within heading 9013, HTSUS.
The applicable subheading for the Adapter Bulkhead, part number 80813898, will be 7616.99.5190, HTSUS, which provides for “Other articles of aluminum: Other: Other: Other: Other: Other: Other.” The general rate of duty will be 2.5% ad valorem.
In your request, you suggest that the fourth and fifth items, the 1-Hole Grommet, part number 80812172, and the Blank Grommet, part number 80812437, are each classified under subheading 8538.90.6000, HTSUS. We disagree.
As previously noted above, heading 8538, HTSUS, is meant to cover items solely or principally used with electrical apparatus classified under headings 8535, 8536, or 8537, HTSUS. The subject enclosures are not considered electrical apparatus and, as such, any parts must be classified elsewhere. Similar to the third item above, the subject grommets are also not considered parts within heading 9013, HTSUS.
The applicable subheading for the 1-Hole Grommet, part number 80812172, will be 3926.90.9985, HTSUS, which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” The general rate of duty is 5.3 percent ad valorem.
The applicable subheading for the Blank Grommet, part number 80812437, will be 3923.50.0000, HTSUS, which provides for “Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Stoppers, lids, caps, and other closures.” The general rate of duty will be 5.3 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 9013.90.8000, 7616.99.5190, and 3923.50.0000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 9013.90.8000, 7616.99.5190, and 3923.50.0000, HTSUS, listed above. Further, products from China classified under subheading 3926.90.9985, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3926.90.9985, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/current
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division