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NY 869900

January 16, 1992

CLA-2-85:S:N:N1:109 869900


TARIFF NO.: 8517.82.0080

Mr. William J. LeClair
Transborder Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, New York 12919

RE: The tariff classification of an emulator, Twinstar II, Etherease unit, and Tokenease-MSAU unit from Canada.

Dear Mr. LeClair:

In your letter dated November 5, 1991, you requested a tariff classification ruling on behalf of Mux Lab Inc., St. Laurent, Quebec, Canada.

Your letter describes the subject merchandise as follows:

1. The emulator, identified in the submitted literature as model EML 400/AH,is described as a program that has been developed with the IBM PC or PS/2 user in mind. This software package will allow the PC and PS/2 users to access AS/400 services through the IBM's AS/400 PC support program.

2. The Twinstar II is described as a powered device which allows a cluster of IBM Systems 3X or AS/400 peripherals to be connected to a star configuration with virtually no distance constraints via unshielded twisted cable. The Twinstar II may be used to patch panels, punch down blocks and other premise wiring products for improved network management. The Twinstar II works in conjunction with the Miniplex, short Miniplex, Octopus 3X, as well as EML5250 workstation boards.

3. The Etherease MPR is described in the literature as a multi-port repeater for Ethernet 10 Base-T-Lans. The Etherease MPR is a powered wiring solution for use in IEEE 802.3 10 Base-T networks via unshielded twisted pair (UTP) cable. The Etherease is a 12 -port repeater, supporting 11 UTP ports and 1 AUI port. Each UTP port connects to one node via existing UTP telephone wire, thereby creating a star rather than a bus topology. The AUI port enables interconnection to other thick or thin coax Ethernet segments , and UTP or fiber with the appropriate MAU, thus expanding your network to support more nodes.

4. The Tokenease MSAU is described as a total premise wiring solution that allows easy installation and maintenance of networks based on IEEE 802.5 and ISO DP8802/5 token ring standards. The literature states that the "MASU is a multi-station version of the trunk coupling unit (TCU) as defined by IEEE 802.5 and ISO DP8802/5 standards. In order to provide cost corrective cabling, Tokenease allows data to be transferred over unshielded twisted pair (UTP) at standard data transfer rates of 4 and 16 Mega bits per second (Mbps) in full compliance with FCC, DOC, EIA requirements.

The Etherese and the Tokenese appear to be dedicated to data communications.

The applicable subheading for the Etherease and the Tokenease will be 8517.82.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for "[other telegraphic apparatus]." The rate of duty will be 4.7 percent ad valorem.

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

Your inquiry does not provide enough information for us to give a classification ruling on the emulator and the Twinstar II. Please advise if the machines (articles) are capable of performing any or all of the following functions:

1. storing the processing program or programs and at least the data immediately necessary for the execution of the program;

2. being freely programmed in accordance with the requirements of the user.

3. performing arithmetical computations specified by the user; and, 4. executing, without human intervention, a processing program which requires them to modify their execution, by logical decision during the processing run.

5. is the merchandise connectable to the central processing unit directly or through one or more other units.

6. is the merchandise specifically designed as part of such a system i (is it able to accept or deliver data in a form (code or signals) which can be used by the system).

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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