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NY R02288





August 3, 2005

CLA-2-85:RR:NC:N1:112 R02288

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.51.7000

Melissa Hoffman
Compliance Specialist III,
Ericsson, Inc.
MUNA Supply & Logistics
6300 Legacy Drive
Plano, TX 75024-3607

RE: The tariff classification of patch cables from Sweden

Dear Ms. Hoffman:

In your letter dated July 19, 2005, you requested a tariff classification ruling.

The items concerned are Category 5e Patch Cables (Product Nos. RPM 119 653/23, RPM 119 653/43 and RPM 119 653/63). These are identical insulated cables with varying lengths (23”, 43” and 63”). You state in your letter that these cables consist of “4 shielded twisted pair stranded copper wires enclosed by a PVC outer jacket. The ends of each cable are capped off with RJ-45 male to RJ-45 male gold plated connectors. The maximum operated voltage for the cables is 100 V.”.

Your stated function for these items is to connect a relay server to a switched telephone network.

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 and any relative section or chapter notes... “. HTS heading 8544 provides for “Insulated ... cable ... ,whether or not fitted with connectors; ... .

The Expanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTS by offering guidance in understanding the scope of the headings and the GRIs. Explanatory Note 85.44 (3) to the HTS defines “Telecommunication ... cables” as “made up of a pair ... consist[ing] of two ... insulated wires ... (each wire is made up of a single copper conductor insulated with a coloured material of plastics ... ) twisted together.”.

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

The applicable subheading for the Category 5e Patch Cables (Product Nos. RPM 119 653/23, RPM 119 653/43 and RPM 119 653/63) will be 8544.51.7000, 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 exceeding 80 V but not exceeding 1,000 V: Fitted with connectors: Other: Of a kind used for telecommunications. The 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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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