HQ 953153: Protest No. 0901-92-100576; Coaxial Cable; Inner Connectors; 7326.90.90; 8525.10.20

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 953153
                        January 28, 1993


CLA-2 CO:R:C:M 953153 DWS

CATEGORY: Classification

TARIFF NO.: 8544.20.00; 8536.69.00

District Director
U.S. Customs Service
111 West Huron Street
Buffalo, NY 14202

RE: Protest No. 0901-92-100576; Coaxial Cable; Inner Connectors;
    7326.90.90; 8525.10.20

Dear Sir:

     This is our response on Application for Further Review of
Protest No. 0901-92-100576, dated March 27, 1992, concerning your
action in classifying and assessing duty on certain coaxial cable
and inner connectors under the Harmonized Tariff Schedule of the
United States (HTSUS).

FACTS:

     The merchandise consists of coaxial cable and corresponding
inner connectors.  The cable, 30 feet in length and 1 5/8 inches
in diameter, and the inner connectors are used to form coaxial 50
ohm transmission lines.  The material used to manufacture the
coaxial cable consists of copper tubing, brass bars, and teflon
rods.  The articles are specifically designed for use in the
Continuous Electron Beam Accelerator Facility (CEBAF), a
superconducting linear accelerator research facility for the study
of quantum phenomena.  The cable will be used as part of the
frequency distribution system for the accelerator.  The inner
connectors are used to connect sections of the coaxial cable.

ISSUE:

    What is the proper classification of the coaxial cable and
corresponding inner connectors under the HTSUS?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in accordance
with the General Rules of Interpretation (GRI's), taken in order. 
GRI 1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.

     The merchandise was entered under subheading 8525.10.20,
HTSUS, which provides for: "[t]ransmission apparatus for
radiotelephony, radiotelegraphy, radiobroadcasting or television,
whether or not incorporating reception apparatus or sound recording
or reproducing apparatus; television cameras: [t]ransmission
apparatus: [t]elevision."

     However, the entries concerning the coaxial cable were
liquidated under subheading 8544.20.00, HTSUS, which provides for:
"[i]nsulated (including enameled or anodized) wire, cable
(including coaxial cable) and other insulated conductors, whether
or not fitted with connectors . . .: [c]oaxial cable and other
coaxial electric conductors."  The entries concerning the inner
connectors were liquidated under subheading 7326.90.90, HTSUS,
which provides for: "[o]ther articles of iron or steel: [o]ther:
[o]ther: [o]ther: [o]ther."

     We will first deal with the classification of the coaxial
cable.  Although the cable is involved in the transmission process,
it is eo nomine classifiable under heading 8544, HTSUS.  Therefore,
it is our position that the cable is classifiable under subheading
8544.20.00, HTSUS.

     The same holds true for the inner connectors.  They are eo
nomine classifiable under heading 8536, HTSUS, which provides for:
"[e]lectrical apparatus for switching or protecting electrical
circuits, or for making connections to or in electrical circuits
(for example, switches, relays, fuses, surge suppressors, plugs,
sockets, lamp-holders, junction boxes), for a voltage not exceeding
1,000 V."  Specifically, they are classifiable under subheading
8536.69.00, HTSUS, which provides for: "[l]amp-holders, plugs and
sockets: [o]ther." .  In fact, even though statistical provisions
in the HTSUS have no legal effect for classification purposes,
subheading 8536.69.0010, HTSUS, provides for: "[c]oaxial
connectors."

     Although the entries concerning the connectors were liquidated
under heading 7326, HTSUS, we note that in the "Customs Position"
part of the Customs Form 6445, your office determined that the
connectors should be classifiable under heading 8536, HTSUS.

HOLDING:

     The coaxial cable is classifiable under subheading 8544.20.00,
HTSUS, which provides for: "[i]nsulated (including enameled or
anodized) wire, cable (including coaxial cable) and other insulated
conductors, whether or not fitted with connectors . . .: [c]oaxial
cable and other coaxial electric conductors."  

      The inner connectors are classifiable under subheading
8536.69.00, HTSUS, which provides for: "[e]lectrical apparatus for
switching or protecting electrical circuits, or for making
connections to or in electrical circuits (for example, switches,
relays, fuses, surge suppressors, plugs, sockets, lamp-holders,
junction boxes), for a voltage not exceeding 1,000 V: [l]amp-
holders, plugs and sockets: [o]ther."

     You should deny the protest except to the extent that
reclassification of the connectors as indicated on the Customs Form
6445 results in a partial allowance.  A copy of this decision
should be attached to the Customs Form 19 and provided to the
protestant as part of the notice of action on the protest.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division