The country of origin of fiber optic cables. Correction to Ruling N355902

N361602May 27, 2026OT:RR:NC:N2:220
CATEGORY: OriginLiang ZhangKing & Wood Mallesons18th Floor, East Tower, World Financial CenterBeijingChinaRE: The country of origin of fiber optic cables. Correction to Ruling N355902Dear Liang Zhang:This replaces Ruling Number N355902, dated
December 2, 2025
, which contained a typographical errorrelating to one of the part numbers. A complete corrected ruling follows.In your letter dated May 19, 2026, you requested a country of origin ruling on behalf of your client, FT TechPTE., Ltd. for fiber optic cables.The merchandise under consideration is described as four models of fiber optic cables, which are individuallyidentified by the model numbers below.MMCJumpers-16FMMCSMFMTP®/MPO Jumpers-12FMTPOM3MTP®/MPO Breakouts-8FMTPSMFMTP®/MPO Harnesses-8FMTPMDCSMFThe cables are further described as single jacketed fiber optic patch cord assemblies. The subject cablesconsist of 8, 12 or 16 bundled and jacketed optical fibers that are terminated with optical connectors at eachend. The type and number of connectors depend upon the model number and needs of the end user. Thecables are used to connect various optical networking equipment over short distances such as within a datacenter.In your request, you propose two manufacturing scenarios that cover all four models of fiber optic cables. Inboth cases, the manufacturing process takes place in Vietnam where the optical fiber is jacketed usingChinese origin plastic pellets. Next, the cables are cut to specific length and terminated with various opticalconnectors from the United States. The finished cables are tested and packaged for shipment to the UnitedStates.
In scenario 1, the optical fibers are sourced from a manufacturer in the United States where the optical fibersare drawn from the preform made in the United States. The finished optical fibers are shipped to Vietnam forfurther processing.In scenario 2, the optical fibers are drawn from a manufacturer in India where the preform is sourced fromthe United States. The finished optical fibers are shipped to Vietnam for further processing.We note that in both scenarios, the preforms are made by the same manufacturer in the United States bydepositing silica particles onto a base rod or substrate tube, gradually forming the preform. Then, otherelements are added to adjust the refractive index, forming the core and cladding structure. The process fordrawing the optical fibers from the preforms is the same for both scenarios.When determining the country of origin, the substantial transformation analysis is applicable. See, e.g.,Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. The test for determining whether asubstantial transformation will occur is whether an article emerges from a process with a new name,character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc. v.United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993).In the instant case, the glass preforms are manufactured with specific attributes and qualities that arepredetermined by the materials used to manufacture the preform. The drawing of fibers from the preform willpreserve the key properties of the preform such as the refractive index, core and cladding structure, andchemical composition. The drawing process merely transforms the physical attributes by massively reducingthe diameter of the preform into extremely thin fibers while retaining the ratio of core size and cladding sizealong with maintaining the chemical and optical attributes. It is the opinion of this office that the preformsmanufactured in the United States impart the character of the finished cables. Further, the drawing processperformed in India and the final assembly process taking place in Vietnam, including jacketing of the opticalfibers and addition of connectors, do not substantially transform the preform into new and different articles ofcommerce. Accordingly, based on the facts presented, the origin of the fiber optic cables as presented in bothscenarios, for model numbers MMCJumpers-16FMMCSMF, MTP®/MPO Jumpers-12FMTPOM3,MTP®/MPO Breakouts-8FMTPSMF, and MTP®/MPO Harnesses-8FMTPMDCSMF, will be the UnitedStates.Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin,is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTCDivision of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety ofproposed markings indicating that an article is made in the USA.The holding set forth above applies only to the specific factual situation and merchandise description asidentified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of theinformation furnished in the ruling letter, whether directly, by reference, or by implication, is accurate andcomplete in every material respect. In the event that the facts are modified in any way, or if the goods do notconform to these facts at time of importation, you should bring this to the attention of U.S. Customs andBorder Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.Additionally, we note that the material facts described in the foregoing ruling may be subject to periodicverification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border ProtectionRegulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documentsfiled at the time this merchandise is imported. If you have any questions regarding the ruling, please contactNational Import Specialist Gary Chaffee at [email protected].
Sincerely,
(for)James P. ForkanDirectorNational Commodity Specialist Division