March 26 CBP Bulletin Proposes to Revoke Ruling on Optical Patch Panel From China
In the March 26 Customs Bulletin (Vol. 59, No. 13), CBP published a proposal to revoke a ruling letter concerning the tariff classification of a 7100PP-R-xM RCMM optical patch panel from China.
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Comments on Proposal Due April 26
CBP said consideration will be given to any written comments received by April 26 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (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 agents for importations after the effective date of the final decision in this notice.)
Proposal
CBP is proposing to revoke or modify the ruling below, and any rulings on these products that may exist but have not been specifically identified. CBP also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
7100PP-R-xM RCMM Optical Patch Panel From China
| Item: The optical patch panel is an optional part for the Tellabs 7100 Optical Transport System (OTS), which sends voice, data, and video traffic via fiber optic cables. It is a custom mechanical assembly that can only be used in a 7100 OTS. |
| Current: 8517.70.00, which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: apparatus for the transmission or reception of voice, images or other data.” |
| Proposed: 9013.80.91, which provides for “Lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter: Other devices, appliances and instruments: Other.” |
| Reason: The optical cables and fibers are not solely for viewing a scale and clearly do not fulfill a “subsidiary purpose,” as they are the main contributors to what is the ultimate purpose of the optical patch panel -- to serve as a passive connection and management assembly for the transmission and reception of optical signals. An “optical” appliance or instrument with no purpose but to channel and direct information through fiber optic cables, and which is not the fibers themselves, falls within heading 9013. |
| Proposed for revocation: NY N022319, dated Feb. 8, 2008 |
| Proposed new ruling: HQ H258594 |