ADC Telecommunications, Inc. v. United States, No. 18-1316 (Fed. Cir. 2019)Annotate this Case
U.S. Customs and Border Protection classified ADC's imported merchandise under Harmonized Tariff Schedule of the United States (HTSUS) Subheading 9013.80.90, which bears a duty rate of 4.5% ad valorem and covers “other optical appliances and instruments, not specified or included elsewhere in this chapter.” The merchandise at issue “consists of fiber optic telecommunications network equipment” and “is included in [ADC’s VAMs] product line.” ADC argued that the merchandise should be classified under HTSUS Subheading 8517.62.00, which bears a duty-free rate, and covers “[t]elephone sets, including telephones for cellular networks or for other wireless networks” and “other apparatus for the transmission or reception of voice, images or other data." The Trade Court upheld the classification. The Federal Circuit affirmed. The merchandise falls within HTSUS Heading 9013’s definition of optical appliances or instruments.