CBP Denies Domestic Party Petition to Reclassify Glass Optical Preforms, Petitioner to Contest Decision in Court
U.S. Customs and Border Protection has issued a notice announcing that it has denied a petition submitted under 19 USC 1516 on behalf of a domestic interested party (Corning) requesting reclassification under the Harmonized Tariff Schedule of glass preforms for optical fibers (optical glass preforms). CBP is also announcing the receipt of the petitioner's desire to contest this decision in court.
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(According to CBP, optical glass preforms are produced by a two-step process. In the first step, called vapor axial deposition, extremely fine dusts of silica tetrachloride fuse into a rod when drawn through an annealing furnace, creating the core layer of the optical glass preform. In the second step, the cladding layer of the preform is added by fusing a layer of silica dioxide powder to the outside of the core rod.)
Petition Requested CBP Reclassify Imported Preforms
On August 4, 2006, Corning, a manufacturer of optical glass preforms in the U.S., filed a domestic interested party petition, in accordance with 19 USC 1516, requesting that CBP reclassify imported optical glass preforms in either of HTS subheadings 7020.00.60 (5% ad valorem duty rate) or 9001.10.00 (6.7% ad valorem duty rate).
CBP argued that glass optical preforms are classifiable duty-free under HTS 7002.20.1000 (glass rods of fused quartz or other fused silica, unworked), while the petitioner claimed that this classification is incorrect because the preforms consist of a glass core rod that has been "worked" by the addition of a layer of cladding glass to the core rod.
CBP Issued Federal Register Notice, Received Comments Agreeing with CBP
In March 2007, CBP published a Federal Register notice seeking comments on the petition. Two comments were received in response to this notice, both of which concurred with CBP's position that the optical glass preforms described in HQ 967058 are classified in HTS subheading 7002.20.10.
CBP Issued HQ W968361 Denying Corning's Petition
In July 2008, CBP issued HQ W968361, denying Corning's petition and providing the petitioner with notification that the classification of the imported optical glass preforms was found to be correct. CBP classified the optical glass preforms based on its finding that these goods are solid multilayered rods made from fused silica that are unworked in their condition as imported.
The letter officially notified the petitioner that "CBP correctly classified the glass preform described in HQ 967058, by application of GRI 1, under heading 7002, HTSUS, and specifically under subheading 7002.20.1000, as glass rods, unworked, of fused quartz or other fused silica."
Corning Provided Notice of Desire to Contest CBP Decision in CIT
In August 2008, Corning timely provided CBP with notice of its desire to contest HQ W968361 in the Court of International Trade and its desire to contest the liquidation of entries of optical glass preforms at the Port of Charlotte, North Carolina.
(See ITT's Online Archives or 03/30/07 news, 07033015, for BP summary of CBP receiving Corning's petition.)
CBP contact - Allyson Mattanah (202) 325-0029
CBP notice (FR Pub 06/12/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-13938.pdf