The tariff classification of an HDMI (High Definition Multimedia Interface) cable from China

N037030 September 24, 2008 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8544.42.9000 Mr. Rolando Portal Customs Compliance Manager Circuit City 9950 Mayland Drive Richmond, VA 23233 RE: The tariff classification of an HDMI (High Definition Multimedia Interface) cable from China Dear Mr. Portal: In your letter dated August 26, 2008, you requested a tariff classification ruling. The sample which you submitted is being retained by this office. The item concerned is an HDMI (High Definition Multimedia Interface) cable. HDMI cables are a type of audio/video cable. HDMI cables are used to connect a high definition source to a television or home theater receiver. The cable transmits images, pictures, and sound in high definition format. The cables are available in various lengths (e.g., 4 ft, 6 ft, 8 ft, and 12 ft). The sample submitted was a 4 foot cable made from individually sheathed copper wire. This cable consisted of 7, individual, insulated copper conductors and 4 pairs of insulated copper conductors in a twisted pair configuration. This group of conductors is surrounded by an aluminum foil shield, then a tinned copper braided shield, then a PVC jacket and finally a PET braided sleeve. There is an HDMI 24K gold-plated connector on each end of the cable. You have proposed classification of the HDMI (High Definition Multimedia Interface) cable under subheading 8544.42.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable… Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Of a kind used for telecommunications.” You base this proposed classification on a notice of proposed revocation of a ruling letter and treatment relating to the classification of “USB Cables and Ethernet Cables” which was published on August 6, 2008, under Customs Bulletin & Decisions, Vol. 42, No. 33. That proposed revocation applies only to those items specifically identified in that proposal. The merchandise concerned is HDMI cable, not USB or Ethernet cable; as such the proposed revocation notice and the findings within would not apply to this merchandise. In addition, it has consistently been Customs stance that audio and/or video cable is not a type of telecommunication cable as is provided for in the HTSUS. We have ruled in N018675, dated November 13, 2007, that an HDMI cable was classified under subheading 8544.42.9000, which provides for “…: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other.” The HDMI cable was not found to be classifiable as a telecommunications cable. In NY R04989, dated October 13, 2006, we classified an audio-visual cable and stereo cable under subheading 8544.41.8000, which proved for “…: Other electric conductors, for a voltage not exceeding 80 V: Fitted with connectors: Other.” These audio and video cables were not found to be classifiable as telecommunication cable. In NY K87746, dated July 20, 2004, we classified an RCA cable under subheading 8544.51.9000, which provides for “…: Other electric conductors, for a voltage exceeding 80 V but not exceeding 1,000 V: Fitted with connectors: Other: Other.” This RCA cable was not found to be classifiable as telecommunications cable. Based on the information supplied and the previous rulings, it is the opinion of this office that the HDMI cable, which is a type of audio/video cable, is not classifiable as a type of telecommunications cable. The applicable subheading for the HDMI (High Definition Multimedia Interface) cable will be 8544.42.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: 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 Steve Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division