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NY B86890

July 9, 1997

CLA-2-85:RR:NC:MM:109 B86890


TARIFF NO.: 8517.90.2400

Mr. W. Robb Lane
Manager, Customs Department
Ericsson Inc.
Radio Systems
740 East Campbell Road
Richardson, Texas 75081

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Equipped Cabinets BFEU 301 048, BFEU 304 102, and BFEU 304 501 from Mexico; Article 509

Dear Mr. Lane:

In your letter dated May 5, 1997 you requested a ruling on the status of Equipped Cabinets BFEU 301 048, BFEU 304 102, and BFEU 304 501 from Mexico under the NAFTA. The following information was provided with the request:

1. Illustrative/Descriptive Literature
2. Bill of Material
3. Determination Document
4. Photographs and Video of Manufacturing & Shipping process

The merchandise is described in your letter and accompanying literature as equipped cabinets that functions as part of the AXE/RBS switching system. The bill of material covers several variations on the basic cabinets. This is indicated by a digit following a /. The following variations were included: BFEU 301 048/1 to 6, BFEU 304 102/1 to 4, and BFEU 304 501/1,2, and 5 to 8.

The AXE/RBS switching system is a central office switching system that is designed to switch both line and cellular telecommunications. The switch is connected by line to a cellular base station. However, radio transmission and reception equipment is not included. Depending on the number of subscribers being serviced by the central office the system may be configured as several cabinets for a small switch to dozens of cabinets for a large switch. The specially designed cabinets are loaded with various equipped magazines, cabled, tested, and packed for shipment in Mexico. Equipped magazines are card cages containing board frames, guides, back planes which contain the internal wiring for the magazines, and printed circuit assemblies (PCAs). Your fax of July 7, 1997 indicates that the PCAs contained in the equipped magazines are produced in Mexico. The submitted bill of material states that the equipped magazines are also produced in Mexico. The hardware structure of the AXE/RBS switching system is divided into the Switching System APT, and the Control System APZ. The equipped cabinets under consideration have functions within the Trunk and Signaling Subsystem or the Group Switching Subsystem. These are core subsystems of the Switching System APT. The APT has a core of four subsystems, and eight optional subsystems. The primary function of these equipped cabinets is switching.

The applicable tariff provision for Equipped Cabinets BFEU 301 048, BFEU 304 102, and BFEU 304 501 will be 8517.90.2400, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "[p]arts...[o]ther parts, incorporating printed circuit assemblies... [f]or telephonic switching or terminal apparatus." The general rate of duty will be 6.4%.

Each of the non-originating materials used to make the Equipped Cabinets BFEU 301 048, BFEU 304 102, and BFEU 304 501 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.58. The Equipped Cabinets BFEU 301 048, BFEU 304 102, and BFEU 304 501 will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Eileen S. Kaplan at 212-466-5673.


Robert B. Swierupski
Chief, Metals & Machinery Branch

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