The tariff classification of fiber optic panel/chassis and fiber optic patch tray from Mexico.

N111317 July 12, 2010 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9403.90.8040 Mark Brandt Inventory Supervisor Telect, Inc. 1730 N. Madson Street Liberty Lake, WA 99019 RE: The tariff classification of fiber optic panel/chassis and fiber optic patch tray from Mexico. Dear Mr. Brandt: In your letter dated May 8, 2010, you requested a tariff classification ruling. Item 1, part number LCXE-M1RU-BLK, is described as a fiber optic chassis with the capabilities of holding twelve fiber optic cables. The LCX 1RU (RU = Rack Unit) panel is one of several chassis within the grouping of the LCX fiber patch/splice panel systems. The panel is produced from cold rolled steel, with plastic slides and plastic fiber routing arcs, and an Emka latch assembly. The panel provides a central location for patching, splicing, testing, troubleshooting, monitoring, and restoring service to a fiber optic system. The panel fits standard 19-in and 23-in EIA/WECO and ETSI racks. The panel can be installed in either a floor or wall mounted rack; the wall mounted rack is enclosed within a cabinet. There are no cables or any other electronic components contained within the LCX 1RU panel/chassis. This panel, when equipped with cables, is used for telecommunication networks. Item 2, part number NSRX-P024-ASC-000, is described as a fiber optic splice tray. The tray is produced using an aluminum base and plastic molded structures, and has twenty-four fiber optic holders made from plastic. The specification sheet and diagram for the N-Series is annotated with the following alpha designations: FLEX, RX, PCH, TRAY. Company information on the alpha designations for Item 2 disclosed that the splice tray is not of the same series as the LCXE, yet is mounted into the same type of rack as Item 1. This tray is used for patching up to twenty-four strands of fiber optic cable into a telecommunication network. Further conversation with Telect and additional photographs of the both the floor and wall mounted racks, indicate housings/trays (a type of shelving) contained within the rack units that are used to support and protect the panels and patch trays. Panels can also be assembled to the frame of the racks without housings, however, more often sales of such items are usually with housings. Multiple panels and splice trays can be accommodated on either the floor or wall mounted racks. Review of the floor and wall mounted racks indicate that these items meet the conditions of Legal Note 2 to Chapter 94, Harmonized Tariff Schedule of the United States (HTSUS) for inclusion within classification Heading 9403, HTSUS – the provision for other furniture. It then follows that the subject items, panel/chassis and splice tray, are parts of such articles of furniture within Subheading 9403.90, HTSUS. The applicable subheading for the fiber optic panel/chassis and fiber optic patch tray, will be 9403.90.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Parts: Other: Other; Of metal.” The rate of duty will be free. 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 Neil H. Levy at (646) 733-3036. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division