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NY R02128




June 28, 2005

CLA-2-39:RR:NC:SP:221 R02128

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Shane Weir
AFL Telecommunications
170 Ridgeview Circle
Duncan, SC 29334

RE: The tariff classification of fiber optic splice closures from China.

Dear Mr. Weir:

In your letter dated June 15, 2005, you requested a tariff classification ruling.

The fiber optic splice closures provide a protective enclosure for the splicing of optical fibers that are contained in optical fiber cables. This allows for the connection or fusion splicing of fibers within the digital transmission to be continuous from one point to another without interruption. The fiber optic closures consist of four components: 1) a plastic dome to protect the optical fibers, 2) a plastic cable entry to facilitate the entry and sealing of the optical fiber cables, 3) a plastic organizer for the separation and organization of the fibers for splicing, and 4) a metal band and plastic gasket that seal the dome base and cable entry section to protect the fiber optical cables from external elements. The fiber optic cables are designated by part numbers LG-50, LG-100, LG-200 and LG-300. They all serve the same purpose, and differ primarily in the number of optical fibers they are designed to handle.

You have suggested classification in heading 8517 of the Harmonized Tariff Schedule of the United States (HTS), which provides for electrical apparatus for line telephony or line telegraphy. However, the fiber optic splice closures contain no electrical connections or components.

The applicable subheading for the fiber optic splice closures will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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