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NY 884918

April 16, 1993

CLA-2-84:S:N:N1:110 884918


TARIFF NO.: 8471.99.1500; 8473.30.4000

Mr. F. David Foster
Ablondi & Foster, P.C.
1130 Connecticut Avenue, N.W.
Suite 500
Washington, D.C. 20036

RE: The tariff classification of optoelectronic signal conversion modules and component parts from Japan.

Dear Mr. Foster:

In your letter dated April 6, 1993, on behalf of Sumitomo Electric Fiber Optics Corp., you requested a tariff classification ruling.

The merchandise under consideration involves various models of optical data link products and the major subassemblies that are imported separately at times. These modules are sold to OEMs of automatic data processing systems and incorporated directly into such systems. Within the ADP system, these modules perform the functions of ADP signal conversion, transmission and reception. They are specifically designed to permit electrical signals to be converted into optical signals, and vice versa, in order to allow for the manipulation and movement of data in optical form within an ADP system. They are principally used in such units as digital processing units, control units, disk storage units, and in local area networks (LANS).

Models such as the SDM3101-XF, SDM3201-XB, and ES-9202-1, are all FDDI optical transceivers that are ideally suitable for high data rate network applications such as FDDI backbone systems and front end networks, CPU to CPU, and CPU to peripheral communications links. The majority of these optical transceivers are approximately 64 mm in length, 37 mm in width, and 12 mm in height.

The major subassemblies that are imported separately at times consist of an OE (optical-electrical) mount or ROSA (a receiver optical subassembly), an EO (electrical-optical) mount or TOSA (a transmitter optical subassembly), and the wiring/circuit board subassembly used to connect the signal to and from data processing circuits in the ADP systems. Each of these three subassemblies are designed and used specifically for the completed Sumilink modules.

Noting Legal Note 5 (B) to Chapter 84 of HTS, these optoelectronic signal conversion modules meet the definition of a "unit" of an ADP system. They have the essential character of an ADP signal conversion unit and would thus fall under the definition of a control or adapter unit under heading 8471. The subassemblies, such as the TOSA, ROSA, and circuit board, do not have the essential character of a finished ADP unit, and would thus be considered a part of the ADP unit. Please note HQ Ruling 952554 of January 4, 1993, that ruled on very similar merchandise.

The applicable subheading for the optoelectronic signal conversion modules will be 8471.99.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for control or adapter units. The rate of duty will be free.

The applicable subheading for the subassemblies (ROSA, TOSA, and circuit board) will be 8473.30.4000, HTS, which provides for parts and accessories of the machines of heading 8471. The rate of duty will be free.

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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