The tariff classification of cable rings from Thailand

NY M80896 March 3, 2006 CLA-2-83:RR:NC:N1:121 M80896 CATEGORY: Classification TARIFF NO.: 8302.42.3065 Ms. Karen A Sousa American Power Conversion Corporation PO Box 278 132 Fairgrounds Road West Kingston, RI 02892 RE: The tariff classification of cable rings from Thailand Dear Ms. Sousa: In your letter, dated February 23, 2006, you requested a tariff classification ruling. The samples you submitted are cable management rings, article number AR8121, along with their associated nuts and bolts. They are accessories for the Netshelter Networking Enclosure, article number AR2100BLK APC, which was classified in NY K87877 at 9403.20.0030, HTSUS, as other metal furniture. The rings are mounted to the Netshelter Enclosure and act to eliminate cable stress and maintain a neat, organized cable layout within the enclosure. You do not indicate the type of metal, however since the rings attract a magnet, they are assumed to be made of steel. Your state that, since the rings are accessories and are designed specifically for the Netshelter Enclosure, you believe they should be classified under 9403.90.8040, HTSUS, as parts of metal furniture. This office disagrees with your assertion. The cable rings fit the description of mountings and fittings in heading 8302, HTSUS. Section XV, Note 2(c) indicates that articles of heading 8302 are parts of general use. As such, when imported separately, they are not classified as parts of furniture, but are correctly classified in heading 8302 as parts of general use. This holds true even if the rings are designed specifically for use with the Netshelter Enclosure. Additionally, Chapter 94, Note 1(d) excludes parts of general use from classification within that chapter. The applicable subheading for the cable management rings will be 8302.42.3065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal mountings, fittings and similar articles…other mountings, fittings and similar articles, and parts thereof, other, suitable for furniture, of iron or steel, of aluminum or of zinc, other. The rate of duty will be 3.9 percent ad valorem. Articles classifiable under subheading 8302.42.3065, HTSUS, which are products of Thailand, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP". Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Barbara Kaiser at 646-733-3024. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division