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HQ 964856




August 13, 2001

CLA-2 RR:CR:GC 964856 TPB

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Port Director
U.S. Customs Service
605 West Fourth Avenue
Anchorage, AK 99501

RE: Protest 3795-00-100027; Plastic Ferrules

Dear Port Director:

This is our decision on Protest 3795-00-100027, filed against your classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) of plastic ferrules that serve as connectors for optical fiber cable. The entries were liquidated on March 10, 2000, and this protest timely filed on June 8, 2000.

FACTS:

The merchandise in question consists of plastic ferrules that serve as connectors for optical fiber cable. The specific purpose of these plastic ferrules is to house a fiber optic cable within a MT-RJ connector. These items serve as a substitute for electrical connectors in copper cable systems. Additionally, these particular plastic ferrules are also substitutes for other fiber optic ferrules which are made of ceramic.

The HTSUS provisions under consideration are as follows:

Other articles of plastics and articles of other materials of headings 3901 to 3914:

Other:

Other:

Other.

Other ceramic articles:

Other:

Ceramic ferrules of alumina or zirconia, not exceeding 3mm in diameter or 25mm in length, having a fiber channel opening and/or ceramic mating sleeves of alumina or zirconia.

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction-boxes), for a voltage not exceeding 1,000 V:

Other apparatus:

Other:

8536.90.8085 Other.

ISSUE:

What is the proper classification of the plastic ferrules?

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (“HTSUS”) in accordance with the General Rules of Interpretation (“GRIs”). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6. GRI 2(a) states in part that incomplete or unfinished articles are to be classified as complete or finished if, as imported, they have the essential character of the complete or finished article. GRI 6 permits the comparison of same-level subheadings within the same heading, in part by application of Rules 1 through 5, applied by appropriate substitution of terms.

The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While not legally binding, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the HTSUS. Customs believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Protestant claims that the ferrules at issue are the key component to the MT-RJ fiber optic connector. These connectors serve as a direct substitute for electrical connectors. The difference being that voice and data is transmitted over glass via fiber optics versus transmitted over copper cable in an electrical transmission. Protestant also claims that the MT-RJ ferrule is not only a substitute for electrical connectors, but is also a substitute for other fiber optic ferrules which are made of ceramic, as these ferrules are made of plastic.

Protestant reasons that since the plastic ferrules serve to replace ceramic ferrules, which are imported duty free under subheading 6914.90.4000, HTSUS, they should also be classified in a duty-free provision as well. Protestant argues that the purpose of the article must be taken into account when identifying the classification.

Alternatively, Protestant argues that subheading 8536.90.8085, HTSUS, which provides for other electrical apparatus for switching, protecting, or connecting electrical circuits offers a more precise classification than subheading 3926.90.9880, HTSUS, which provides for other articles of plastic.

Protestant has indicated that the MT-RJ ferrules do not make electrical connections, but that they are a direct substitute for electrical connectors. EN 85.36 (III), page 1505, which deals with apparatus for making connections to or in electrical circuits states, in pertinent part, that: [t]his apparatus is used to connect together various parts of an electrical circuit.” The subject merchandise here does not connect together various parts in an electrical circuit. Rather, it connects fiber optic cables, which serve as a replacement for electrical circuits. Accordingly, classification under heading 8536, HTSUS, is precluded. See HQ 955389, dated June 29, 1994; HQ 956198, dated July 20, 1994; and HQ 960922, dated August 3, 1998.

Protestant also suggests that the plastic ferrules at issue here serve the same purpose as ceramic ferrules, which are classified under subheading 6914.90.4000, HTSUS. For that reason, Protestant claims that they too should be duty free. However, this reasoning does not follow the GRIs. Subheading 6914.90.4000, HTSUS, covers ceramic ferrules of alumina or zirconia, not exceeding 3mm in diameter or 25mm in length, having a fiber channel opening and/or ceramic mating sleeves of alumina or zirconia. Clearly, because the subject plastic ferrules are not described by this provision they cannot be classified under this subheading.

The Protestant indicates that the purpose of the article must be taken into consideration when identifying the classification. While consideration was given to the purpose of the merchandise, the fact remains that there is no HTSUS heading that specifically describes the MT-RJ ferrules or their function. Accordingly, the MT-RJ plastic ferrules must be classified using GRI 1 under subheading 3926.90.9880, HTSUS, which provides for other articles of plastic.

HOLDING:

For the reasons set forth above, the MT-RJ plastic ferrules are to be classified under subheading 3926.90.9880, HTSUS, which provides for: “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.”

The protest should be DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

John Durant, Director
Commercial Rulings Division

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