Communications Litigation Today was a Warren News publication.

Newly Released CBP HQ Rulings for Sept. 1

The Customs Rulings Online Search System (CROSS) was updated Sept. 1 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

H319416: Application for Further Review of Protest Number 2704-17-103077; Tariff classification of various telecommunications cables

HTS: 8544.42.20, free, "Insulated (including 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: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Of a kind used for telecommunications.”
Issue: Whether the subject goods are classified in (1) subheading 8544.20.00 (coaxial cable and other coaxial electric conductors); (2) subheading 8544.42.20 (other electric conductors for a voltage not exceeding 1,000 V, fitted with connectors and of a kind used for telecommunications); or (3) subheading 8544.42.90 (other electric conductors for a voltage not exceeding 1,000 V, fitted with connectors, other)
Item: 24 types of telecommunications cables. Each cable is used to facilitate the transfer of voice, images or data, and is rated to handle up to 1,000 volts.
Reason: The cables contain multiple or single inner conductors wrapped in insulating sheaths and surrounded by braided metal outer shields that protect the signal that travels along the inner conductor from electromagnetic interference and do not act as outer conductors for the signal. Therefore, they are not coaxial cables of subheading 8544.20.00, and instead meet the terms of subheading 8544.42, which covers other electric conductors for a voltage not exceeding 1,000 V, fitted with connectors. CBP’s interpretation of the provision for cables “of a kind used for telecommunications" under subheading 8544.42.20 includes cables used for the transfer of data, images, or voice between electronic devices.
Ruling Date: July 1, 2021