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NY C82356

December 29, 1998

CLA-2-85:RR:NC:1: 112 C82356


TARIFF NO.: 8544.41.8000

Mr. Francisco Gomez, Jr.
R.L. Jonestecate, Inc.
P.O. Box 970
Tecate, CA 91980

RE: The tariff classification of an Ethernet Patch Cable from Mexico

Dear Mr. Gomez:

In your letter dated November 28, 1997, on behalf of Tri-Net Technology, Inc., you requested a tariff classification ruling.

As noted by the submitted samples, the imported patch cable consists of a length of insulated electric cable with jack connectors attached at each end. This type of cable is used mainly in networking systems. The rated voltage is not stated, but there are indications that it does not exceed 80 V.

Based on the presumption that the rated voltage does not exceed 80 V, the applicable tariff provision for the Ethernet Patch Cable will be 8544.41.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other electric conductors, for a voltage not exceeding 80 V: Fitted with connectors: Other. The general rate of duty will be 3.7 percent ad valorem. For merchandise entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 1998, the general rate of duty will be 3.1 percent ad valorem.

As you also indicate in your ruling, in certain cases lengths of insulated cable, the product of the United States, will be sent to Mexico to be assembled with other components to form the completed patch cable. Based on your description of the assembly process and incidental operations performed on the U.S. cable (cutting to length, stripping, arranging of inner wires), the imported patch cable is eligible for entry under subheading 9802.00.8065, HTS, with a duty allowance for the cost or value of the U.S. cable.

Your request for a country of origin marking waiver based on prohibitive cost is not substantiated in any manner. In any case, this office does not have the authority to issue a decision in this matter. It is suggested that you contact the Port Director, Tecate, California, as you indicate that this will be the port of entry.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist David Curran at 212-466-5680.


Robert B. Swierupski

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