The tariff classification of an MPO cleaner from Japan

N162399 May 10, 2011 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Ms. Emily Petrusa AFL Telecommunications LLC 170 Ridgeview Circle Duncan, SC 29334 RE: The tariff classification of an MPO cleaner from Japan Dear Ms. Petrusa: In your letter dated April 21, 2011, you requested a tariff classification ruling. You submitted a sample of an item you state will be branded in the United States as the MPO Cleaner, no style number given. You submitted a finished item and one with one side of the plastic housing removed to show the internal workings. The samples will be retained with our case file. An MPO is a Multi-fiber Push On connector. The instant device is used to clean the connector (inside or outside an MPO adaptor) and the exposed MPO ferrules. It is a plastic handheld device that contains a plastic cassette with a narrow woven nylon fabric; it is this fabric that actually cleans the connector parts. The fabric on the cassette is considered “made up” according to the terms of Note 7 to Section XI, Harmonized Tariff Schedule of the United States (HTSUS). The plastic device contains a system of manually activated gears to advance the cassette so that dust, dirt, and oil can be removed from the fiber optic parts with a clean section of the fabric. The device is inserted into the connector and the user turns a plastic dial which allows the internal cassette to wipe the part. The MPO Cleaner contains no motor and uses no batteries. The connector cleaner consists essentially of the textile fiber cloth in a plastic housing or body. Clearly, it is the cloth that imparts the essential character to the device because it is the component that performs the actual cleaning function. The plastic body is a mere holder and performs no specific function. General Rule of Interpretation 3(b), HTSUS, noted. The applicable subheading for the MPO cleaner will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. 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 the World Wide Web at http://www.usitc.gov/tata/hts/. It is your opinion that the MPO Cleaner is classifiable in subheading 8479.89.9899, HTSUS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other … Other. In Headquarters Ruling Letter 960360 (issued December 24, 1997), it was determined that a hand-operated connector cleaner was not a machine for tariff purposes. HQ held that “… advancing new lengths of textile cloth is not ‘work’ for tariff purposes as the device does not act on something outside itself.” The subject cleaner is similar in function to that of the device described in the above-cited ruling. The plastic housing acts to hold the cleaning material that imparts the essential character to the device. The action of pressing the connector into the device’s slot is performed manually by the user. Once the connector is inserted into the cleaner, a thumb-activated dial is used to advance clean sections of the cleaning material. The primary function of the device is to advance the cleaning fabric. The submitted data contains no indication that the cleaning device is (1) commonly or commercially known as a machine or (2) advertised/marketed or sold as a machine. In view of the above, classification of the MPO Cleaner in subheading 8479.89.9899, HTSUS, would not be appropriate. 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 Mitchel Bayer at (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division