United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L88589 - NY L88645 > NY L88638

Previous Ruling Next Ruling
NY L88638





December 12, 2005

CLA-2-85:RR:NC:N1:112 L88638

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.41.8000; 8414.59.6090; 3926.90.9880

Jodi C. Latner
Livingston International Trade Services, Inc. Gateway Executive Park
3556 Lakeshore Road
Suite 200
Buffalo, NY 14219-1480

RE: The tariff classification of an insulated cable, a fan and a clip protector boot from Taiwan

Dear Ms. Latner,

In your letter dated November 8, 2005, you requested a tariff classification ruling on behalf of Startech.com of London, Ontario.

The first item concerned is the 10 ft. T1 Connection Cable DB15M-RJ45M (Startech.com ID: DB15RJ45_10). It is an insulated cable with connectors fitted on both ends. The purpose of the item is to connect an Ethernet LAN to a T1 digital box.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “. HTS heading 8544 provides for “Insulated ... cable ... “.

General Note 3. (h) (vi) to the HTS states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.

The applicable subheading for the 10 ft. T1 Connection Cable DB15M-RJ45M (Startech.com ID: DB15RJ45_10) will be 8544.41.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insulated ... cable ... , whether or not fitted with connectors ... : Other electric conductors, for a voltage not exceeding 80 V: Fitted with connectors: Other”. The rate of duty will be 5.3%.

The second item concerned is the 8cm Replacement Power Supply Fan w/ Lg. Connector (Startech.com ID: FANPOWER2). It is a square, mounted fan measuring approximately 3 1/8” X 3 1/8”. Its purpose is to relieve the heat in a computer’s power supply unit.

HTS heading 8414 provides for “ ... fans ... “.

The applicable subheading for the 8cm Replacement Power Supply Fan w/ Lg. Connector (Startech.com ID: FANPOWER2) will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “ ... fans ... : Fans: Other: Other: Other: Other: Axial”. The rate of duty will be 2.3%.

The third item is the Grey RJ45 Clip Protector Boot for Patch Cables (Startech.com ID: RJ45CLIPGR). It is a small, rectangular, plastic item with a hole on one end. The purpose of the item is to cover and protect the plastic clip end of RJ45 cables.

HTS heading 3926 provides for “Other articles of plastic ... “.

The applicable subheading for the Grey RJ45 Clip Protector Boot for Patch Cables (Startech.com ID: RJ45CLIPGR) will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plastic ... : Other: Other: Other”. The rate of duty will be 5.3%.

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/.

According to 19 C.F.R. 177.1(a)(2)(i):

A question arising in connection with a Customs transaction already before a Customs office will normally be resolved by that office in accordance with the principles and precedents previously announced by the Headquarters Office. If such a question cannot be resolved on the basis of clearly established rules set forth in the Customs and related laws, or in the regulations thereunder, or in applicable Treasury Decisions, rulings, opinions, or court decisions published in the Customs Bulletin, that office may be requested to forward the question to the Headquarters Office for consideration, as more fully described in Section 177.11.

Because this 16 Port Starview PS/2 KVM Switch with OSD (Startech.com ID: SV1631D1U) is the same class or kind of item which is concerned in a current transaction already before the Customs Headquarters office, we are unable to issue a classification determination on it.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: