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NY N007536




March 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.42.9000

Dennis Morse
Licensed Customs Broker
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of “USB Cable” (Item # 774360) and “Ethernet Cable” (Item # 700043) from China.

Dear Mr. Morse:

In your letter dated February 17, 2007, you requested a tariff classification ruling on behalf of your client, Meijer Distribution.

The first item in question is a six-foot long USB computer cable. This cable is fitted with a type “A”, male, USB connector on one end and a type “B", male, USB connector on the opposite end. This cable is used to connect a Personal Computer to a variety of USB devices, allowing for the transfer of data or music between the two.

The second item in question is a twenty-five foot Ethernet computer cable. This cable is fitted with modular “Ethernet” connectors on each end. It’s used to connect a Personal Computer to gaming systems, the Internet and various other computing devices.

Regarding item # 774360, you have proposed classification under subheading 8471.80.9000 of the Harmonized Tariff Schedule of the United States (HTSUS) which provides for “Automatic data processing machines and units thereof: Other units of automatic data processing machines: Other: Other”. You site ruling NY L87277. It is the opinion of this office that the merchandise described in NY L87277 has a dual use. While it is insulated wire/cable fitted with connectors, it has an additional feature. The merchandise described in NY L87277 contains additional electronics and connectors that allow this device to act as a charging port for a cell phone. This additional function makes this merchandise neither identical nor similar to item # 774360.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “. Heading 8544 provides for “Insulated wire, cable and other insulated electric conductors, whether or not fitted with connectors”.

General Note 3. (h) (vi) to the HTSUS states, “ ... a reference to “headings” encompasses subheadings indented thereunder”. Subheading 8544.42 provides for “ electric conductors, for a voltage not exceeding 1,000 V”.

The applicable subheading for the “USB Cable” (Item # 774360) and the “Ethernet Cable” (Item # 700043) will be 8544.42.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Insulated wire, cable and other insulated electric conductors, whether or not fitted with connectors: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other. The rate of duty will be 2.6%.

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/.

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 Steven Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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