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HQ 087868


December 11, 1990

CLA-2 CO:R:C:G 087868 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.99.60
8544.70.00
9001.10.00

Mr. Ben Deahl
Customs Department
Traffic & Insurance Division
Mitsubishi International Corporation
520 Madison Avenue
New York, NY 10022

RE: Plastic Optical Fiber Printer Cable Fitted With Connectors And Signal Converters; Electrical Signals; Optical Signals

Dear Mr. Deahl,

This is in response to your request dated August 14, 1990, for a classification ruling on certain fiber optic printer cable. Our ruling follows.

FACTS:

The merchandise is described in the product brochure as RFC504 Fibre Optic Printer Cable. The product is used to connect standard IBM personal computers and standard computer printers.

The product consists of a length of high grade plastic optical fiber cable fitted on each end with a signal converter and electrical pin connector. The lengths of cable are made up of individually sheathed fibers and are imported in lengths ranging from 25 to 100 feet. The signal converter and electrical connector on each end of the cable are incorporated in the same housing. The housings measure approximately 78mm x 52mm x 18mm.

The signal converters transfer the electrical signals which are output by the personal computer to optical signals which are then transmitted through the fiber optic cables. The optical signals are converted back to electrical signals by the signal converter on the printer end of the cable. The signal converters also transfer serial signals to parallel signals and then back to serial signals at the printer end of the cable.

The importer states that by transferring the signal from an electrical medium to an optical medium, there is no interference from electromagnetic radiation during transmission. This, it is stated, increases the quality of the signal and the distance a particular computer may be located from a printer.

ISSUE:

Is the merchandise classified in Heading 8544 as optical fiber cables made up of individually sheathed fibers, in Heading 9001 as optical fiber cables other than those of Heading 8544, or in Heading 8471 as machines for transcribing data onto data media in coded form?

LAW AND ANALYSIS:

Heading 8544 in pertinent part describes "optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors".

The Explanatory Notes to Heading 8544, p. 1404, provide that "[w]ire, cable, etc., remain classified in this heading if cut to length or fitted with connectors (e.g., plugs, sockets, lugs, jacks, sleeves or terminals) at one or both ends".

Heading 8544 describes fiber optic cables fitted with connectors, but it does not describe such cables fitted with connectors and signal converters. The signal converters are not "connectors". The signal converters are active devices that convert electrical signals to optical signals, optical signals to electrical signals, serial signals to parallel signals, and parallel signals to serial signals.

The printer cables are composite articles consisting of signal converters and fiber optic cables fitted with connectors. The cables are not the type of merchandise classified as "composite machines" pursuant to Section XVI Note 3. The cables are GRI 3(b) composite goods classified according to the component which gives the article its essential character.

The importer argues that the essential component in the printer cables is the signal converter. It is argued that the fiber optic cable is distinguished from standard electrical cable because electrical cable is subject to interference from electromagnetic radiation. The fiber optic cable, however, transmits through an optical medium and is not subject to such interference. It is stated that it is the signal converter that converts the electrical signals to optical signals, which allows the transmission to be free from interference.

The RFC504 Printer Cable as a whole, however, is designed to connect computers and printers for the purpose of conducting
signals between computers and printers. The fiber optic cable fitted with connectors is the component which connects the computers and printers and acts as the conducting medium. The signal converters assist in this regard by preparing the signals for transmission, but the conversion of signals is only performed for the purpose of transmitting signals through the cables. The signal converters at the printer end of the cable merely transfer the signals back to electrical signals, the same form the signals were in as they were output by the computer prior to being transmitted through the cables.

The importer states that the cables and connectors would only make up approximately 29% of the cost of the product, with the cost of the signal converters making up the balance. The cost of the components, however, is not the determining factor in finding the essential character of this particular product. This printer cable is strictly a functional product. The nature of the components and their role in performing the intended function of the product are especially pertinent in this regard. The fiber optic cables fitted with connectors, not the signal converters, are the components which connect computers and printers and conduct signals between computers and printers. The fiber optic cable fitted with connectors is the component which gives the RFC504 Printer Cable its essential character.

The importer argues that the product is classified in Heading 8471 as machines for transcribing data onto data media in coded form. Assuming, arguendo, that the signal converters are described by Heading 8471, the RFC504 cable would still not be classified in Heading 8471. Because the essential character of the product is imparted by the cable fitted with connectors, the product is classified as fiber optic cable, not as signal converters.

The RFC504 Fiber Optic Printer Cable is classified as optical fiber cables, made up of individually sheathed fibers, fitted with connectors, in 8544.70.00, HTSUSA.

HOLDING:

The RFC504 Fiber Optic Printer Cable is classified as optical fiber cables, made up of individually sheathed fibers, fitted with connectors, in 8544.70.00, HTSUSA.

Sincerely,


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