February 4, 2004 CBP Bulletin Notice on Certain Voice and Data Terminal Blocks

CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by March 5, 2004, the date that written comments on these proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.

CBP also states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.

Proposed Revocation of Two Classification Rulings

Certain Voice and Data Terminal Blocks. At issue are two voice and data telecommunications products that are referred to as terminal blocks, as follows:

1. -Pair Collocation Blocks (product number 6637 1 180-49) (NY F86670) are pre-terminated assemblies (connecting blocks) with a special disconnect feature that are pre-terminated to an industry standard high pair count (50-pin) female (socket) cable connectors. This feature allows for the rapid connection and/or breakout of telecommunication equipment circuits inside a building. Normally these blocks would be used to provide a connection point for cables coming from telecommunication or computer electronic equipment, so that the cables could be connected, in turn, to the user circuits in an equipment room. The plastic blocks are mounted in a metal bracket with "Velcro" cable straps that help relieve strain, and a ground lug to attach to the electrical building ground, if it is required by the electrical building codes where they are installed. The special disconnect feature allows a repairperson to test a circuit without having to physically remove a cable from the block, which is achieved with the use of a 2-piece contact inside the blocks that can be opened by using special inter-face cords.

Feed Through Termination Blocks (product number 6631 2 135-05) (NY F86672) are connecting blocks that allow for the field termination of telecommunication cable conductors for voice or data circuits in an industry standard 25-pair group. The initials ''FT'' are used to designate the term for ''feed through'' which is the type of one-piece metal contact used in the block. The block would normally be used to provide a connection point for cables coming from a telephone or a computer jack at the user end, so that they could be connected, in turn, to a computer or a telephone circuit. It has a plastic housing and a base that allows it to mount mounting hardware, and it is color-coded in accordance with industry standards for using 4 pair (8 conductor) cables. This block does not actively use electricity, but only acts as a passive connection.

CBP is proposing to issue HQ 966674 in order to revoke NY F86670 and NY F86672 and classify the terminal blocks under HTS 8536.90.4000 as terminals, etc. rather than under HTS 8536.90.8085 as other electrical apparatus for switching or protecting electrical circuits, etc.

CBP explains that based on the information submitted, it finds that terminal blocks are devices at the end of a wire or a cable used for connecting electrical circuits together. Accordingly, consistent with the description provided in Explanatory Note (EN) 85.36, Section (III)(B), CBP concludes that terminal blocks can be considered as electrical terminals. CBP notes that HTS 8536.90.4000 specifically includes electrical terminals. In contrast, HTS 8536.90.80 is a general basket provision for "Other." Thus, CBP states that the terminal blocks should be classified under HTS 8536.90.40, which provides a more specific description of the merchandise.

proposed: 8536.90.4000, duty-free; current: 8536.90.8085, 2.7%.

February 4, 2004 CBP Bulletin (Vol. 38, No. 6) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/