HQ 953217: Resistive Cables; Electrical Conductors; EN 85.44; Aluminum Reeling Frames

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 953217

                          July 2, 1993

CLA-2 CO:R:C:M 953217 RFA

CATEGORY:  Classification

TARIFF NO.: 8544.41.00, 7616.90.00

Ms. Kathleen Crawford
BDP International Inc.
1017 4th Avenue
Lester, PA  19029-1813

RE:  Resistive Cables; Electrical Conductors; EN 85.44; Aluminum
     Reeling Frames

Dear Ms. Crawford:

     In your letters of September 10, 1992, and December 8, 1992,
to the Regional Commissioner of Customs in New York, you inquired
as to the tariff classification of resistive cables and reeling
frames under the Harmonized Tariff Schedule of the United States
(HTSUS).  Your letters were referred to this office for a direct
response.

FACTS:

     According to the information provided, there are two types
of merchandise being imported, resistive cables and a reeling
frame.  The resistive cables are comprised of a filament of cloth
material impregnated with carbon and insulated with a neoprene
material and are fitted with connectors.  The reeling frame is
made of aluminum and is capable of lodging up to eight fiber
optic cables up to a length of 150 meters.

ISSUES:

     I. Are the resistive cables classified as electrical
conductors under the HTSUS?

     II. What is the proper classification under the HTSUS for
the reeling frames?

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 shall be
determined according to the terms of the headings and any
relative section or chapter notes.

     I.   In your letter, you indicate that the resistive cables
are used in applications where electromagnetic interference may
affect the electrical signals derived from various output
devices.  Electric cables are provided for in heading 8544,
HTSUS.  The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Cooperation
Council's official interpretation of the HTSUS.  While not
legally binding, the ENs provide a commentary on the scope of
each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings.  EN 85.44, page 1404,
states in part:

     [p]rovided they are insulated, this heading covers
     electric wire, cable and other conductors (e.g.,
     braids, strips, bars) used as conductors in electrical
     machinery, apparatus or installations. . . .

     The goods of this heading are made up of the following
     elements:

     (A)  A conductor- this may be single strand or
          multiple, and may be wholly of one metal or of
          different metals.

     (B)  One or more coverings of insulating material- the
          aim of these coverings is to prevent leakage of
          electric current from the conductor, and to
          protect it against damage. . . .

     According to McGraw-Hill Encyclopedia of Science &
Technology, Volume 8, page 195, carbon fibers are "flexible,
lightweight, thermally and to a large extent chemically inert,
and are good thermal and electrical conductors."  The resistive
cables, consisting of carbon as a conductor and the neoprene
material as an insulating cover, meet the criteria set forth in
EN 85.44.  We find that the resistive cables are classifiable
under subheading 8544.41.00, HTSUS, which provides for insulated
electric conductors fitted with connectors. 

     II.  The reeling frame, made of aluminum, is capable of
lodging up to eight fiber optic cables up to a length of 150
meters.  Articles of aluminum, not provided for elsewhere in the
Nomenclature, are covered in heading 7616, HTSUS.  The reeling
frame is provided for in subheading 7616.90.00, HTSUS, as other
articles of aluminum.


 HOLDING:

     The resistive cables are classifiable under subheading
8544.41.00, HTSUS, which provides for: 

     "[i]nsulated (included enameled or anodized) wire,
     cable (including coaxial cable) and other insulated
     electric conductors, whether or not fitted with
     connectors; optical fiber cables, made up of
     individually sheathed fibers, whether or not assembled
     with electric conductors or fitted with connectors:
     [o]ther electric conductors, for a voltage not
     exceeding 80 V: [f]itted with connectors. . ."  

The general, column one rate of duty is 5.3 percent ad valorem.  

     The reeling frame is classifiable under subheading
7616.90.00, HTSUS, which provides for: "[o]ther articles of
aluminum: [o]ther. . . "  The general, column one rate of duty is
5.7 percent ad valorem.  

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division