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NY K87291




July 16, 2004
CLA-2-85:RR:NC:1:110 K87291

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.41.4000; 8544.51.9000; 8544.59.2080

Ms. Yvonne Sherri Lopez
J & B Customhouse Broker Inc.
800 S. Hindry Ave., Suite A-1
Inglewood, CA 90301

RE: The tariff classification of electrical cables from Taiwan.

Dear Ms. Lopez:

In your letter dated June 14, 2004, on behalf of your client Wieson America Inc. you requested a tariff classification ruling.

The merchandise under consideration consists of five insulated cables. Samples of all five cables were submitted with your ruling request. They are described in your ruling request as Ultra ATA Cable (P/N: 9862E024-001), Ribbon Cable (P/N: E024FA-319), Pitch Flat Cable (P/N: E024FA-538), Dip Plug (P/N: E024FA-384) and SCSI II Cable (P/N: 9840E024-002).

The Ultra ATA Cable is a 30AWG, 39 conductor flat cable rated at 150 V. This cable, which is also commonly known as a ribbon cable, measures approximately 12 inches long and is fitted with International Data Corporation (IDC) socket type 40-Pin female connectors at each end. These IDC sockets are widely used to connect hard disks, CD-ROMs and tape drives to a personal computer (PC). From the information provided by you, this cable is used for a set top box Printed Circuit Board (PCB) to a Hard Disk Drive (HDD).

The Ribbon Cable is a 24AWG, 5 conductor flat cable rated at 150 V and is similar to the Ultra ATA Cable but without connectors. The Ribbon Cable is the raw cable used for making ribbon cable assemblies.

The Pitch Flat Cable is a 28AWG, 30 conductor flat ribbon cable measuring approximately 56 inches long and is rated at 300 V. This cable features one female 40-Pin IDC socket connector at one end with another 40-Pin IDC socket connector 12 inches further along the cable while the opposite end of the cable is open with no connector. From the information provided by you, this cable is used for connecting PCBs to OEM (Original Equipment Manufacturer) devices.

The Dip Plug Cable is a 28AWG, 24 conductor flat ribbon cable measuring approximately 6 inches and is rated at 300 V. This cable features a 40-Pin female IDC socket type connector at one end and a 40-Pin male IDC type connector at the other. From the information provided by you, this cable is used as a PCB to PCB/Drive.

The SCSI II Cable is for use as a Small Computer System Interface (SCSI) for a PC to another peripheral device (i.e. HDD, Scanner, Printer, etc.). This cable is a low voltage computer cable rated at 30 V. It measures approximately 33 inches long and features a 50-Pin male SCSI molded connector at each end. SCSI pronounced "scuzzy" is a hardware interface that allows for the connection of up to seven or 15 peripheral devices to a single expansion board that plugs into the computer called a "SCSI host adapter" or "SCSI controller." Single boards are also available with two controllers and support up to 30 peripherals. SCSI is widely used from personal computers to mainframes. From the information provided by you, this cable is used for connections from a PC to a HDD, Scanner, Printer, etc.

Classification under the Harmonized Tariff Schedule of the United States (HTS) is made in accordance with the General Rules of Interpretation ("GRIs"). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. The Harmonized Commodity Description and Coding System Explanatory Notes ("ENs") constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTS and are generally indicative of the proper interpretation of these headings. Noting the ENs to Section XVI, 85.44 describe the scope of that heading and provide examples of the types of merchandise that are covered. It reads, in pertinent part, that the heading covers, inter alia:

(3) Telecommunications wires and cables (including submarine cables and data transmission wires and cables) are generally made up of a pair, a quad or a cable core, the whole usually covered with a sheath. A pair or a quad consists of two or four insulated wires, respectively (each wire is made up of a single copper conductor insulated with a coloured material of plastics having a thickness not exceeding 0.5 mm), twisted together. A cable core consists of a single pair or a quad or multiple stranded pairs or quads.

As per the ENs, only the SCSI II Cable meets the definition of “Telecommunications” cables.

While your request describes the cables as telecommunication cables, part number 9862E024-001, E024FA-538, E024FA-384 and E024FA-319 can not be identified as such. They do not appear to meet the description of telecommunications wire and cables found in 85.44 of the Harmonized Commodity Description and Coding System Explanatory Notes ("ENs"). You have also failed to document that it is of a type principally used in telecommunications or that it meets recognized telecommunication wiring standards.

The applicable subheading for the Ultra ATA Cable (P/N: 9862E024-001), Pitch Flat Cable (P/N: E024FA-538) and Dip Plug (P/N: E024FA-384) will be 8544.51.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insulated (including enameled or anodized) wire, cablewhether or not fitted with connectors Other electric conductors, for a voltage exceeding 80 V but not exceeding 1,000 V: Fitted with connectors: Other: Other.” The general rate of duty will be 2.6 percent ad valorem.

The applicable subheading for the Ribbon Cable (P/N: E024FA-319) will be 8544.59.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insulated (including enameled or anodized) wire, cablewhether or not fitted with connectors Other electric conductors, for a voltage exceeding 80 V but not exceeding 1,000 V: Other: Of copper: Other.” The general rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the SCSI II Cable (P/N: 9840E024-002) will be 8544.41.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insulated (including enameled or anodized) wire, cablewhether or not fitted with connectors Other electric conductors, for a voltage not exceeding 80 V: Fitted with connectors: Of a kind used for telecommunications.” The general rate of duty will be free.

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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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