The tariff classification of a Bolted Dead End, Mechanical Suspension Unit, Downlead Clamp and Tower Guide Clamp

N077682 October 16, 2009 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.50 Ms. Emily K. Petrusa AFL Telecommunications LLC 170 Ridgeview Center Drive Duncan, SC 29334 RE: The tariff classification of a Bolted Dead End, Mechanical Suspension Unit, Downlead Clamp and Tower Guide Clamp Dear Ms. Petrusa: In your letter dated September 28, 2009, you requested a tariff classification ruling on a Bolted Dead End, Mechanical Suspension Unit, Downlead Clamp and Tower Guide Clamp which you plan to export to various countries. Product specification sheets were submitted for our review. On October 7, 2009, you indicated in a telephone conversation with our office that the subject items will be manufactured in the United States. The merchandise is described as accessories for Optical Ground Wire (OPGW) Cable Systems. The subject accessories are identified as a Bolted Dead End, a Mechanical Suspension Unit, a Downlead Clamp and a Tower Guide Clamp. You indicated in your letter that the accessories are designed to support the OPGW System mechanically and structurally. They contribute to the grounding of the OPGW System by providing protection from lightning strikes and passing the electrical current. The accessories function at a voltage exceeding one thousand volts. The Bolted Dead End is used for full tension termination for OPGW cable and is comprised of an aluminum body and mainly aluminum hardware. The Bolted Dead End contains aluminum breakaway head bolts that are used to apply a precise gripping force to hold the cable. The item is drilled and tapped for grounding lug. The Mechanical Suspension Unit is made of aluminum and used to support vertical, transverse, longitudinal unbalanced loads and angle pulls. The suspension unit is drilled and tapped for grounding lug. The Downlead Clamp consists of two bolted aluminum groove clamps used to guide OPGW cable from the top of a structure to a splice box. The Downlead Clamp makes a mechanical connection to a steel tower or pole and features banding adapters or lattice tower adapters. The Downlead Clamp protects the electrical circuits by providing a mechanical connection between equipment and earth ground. The Tower Guide Clamp is also referred to as a wood pole clamp. The item consists of two aluminum groove clamps used to guide OPGW cable and make a mechanical connection to a steel tower, steel pole or wood pole. The Tower Guide Clamp performs the same function as the Downlead Clamp with a different structural design. You suggested classification for the subject accessories under heading 8535, Harmonized Tariff Schedule of the United States (HTSUS). The National Import Specialist who handles heading 8535, HTSUS, has stated that the Bolted Dead End, Mechanical Suspension Unit, Downlead Clamp and Tower Guide Clamp are not ground clamps and they are not used in an electrical circuit. Therefore, classification in heading 8535 is precluded. The applicable subheading for the Bolted Dead End, Mechanical Suspension Unit, Downlead Clamp and Tower Guide Clamp will be 7616.99.50, HTSUS, which provides for other articles of aluminum, other, other, other. Duty rates 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 Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division