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NY 838270

Mar 24, 1989

CLA-2-85:S:N:N1:109 838270


TARIFF NO.: 8517.30.5000, 8517.82.0080

Mr. Michael Smiszek
C. J. Tower
128 Dearborn Street
Buffalo, New York 14207

RE: The tariff classification of protocol converter and communications controller from Canada

Dear Mr. Smiszek:

In your letter dated March 13, 1989, on behalf of Perle Systems, Scarborough, Canada you requested a tariff classification ruling.

Your letter does not describe the subject merchandise, identified in your letter as Perle PDS 350/294 protocol converter and the Perle 8294 communications controller or explain what the articles are where and how they are used, and exactly how they operate. Protocol converters and communications controllers are generally articles dedicated to the transmission of signals representing symbols and data.

The applicable subheading for the protocol converters and the communications controllers, if they are designed to route information to two or more locations, will be 8517.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Switching apparatus, other than telephone switching apparatus." The rate of duty will be 4.7 percent ad valorem.

The applicable HTS subheading for the protocol converter and communications controller, if they do not route information, will be 8517.82.0080, which provides for "Other telegraphic apparatus." The rate of duty will be 4,7 percent ad valorem.

Goods classifiable under subheadings 8517.30.5000 and 8517.82.0080, HTS, which have originated in the territory of Canada, will be entitled to a 3.7 percent ad valorem rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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