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NY D84658

November 18, 1998

CLA-2-84:RR:NC:1:110 D84658


TARIFF NO.: 8471.80.1000

Mr. Craig M. Schau
Emery Customs Brokers
6940 Engle Road, Suite A
Middleburg Heights, OH 44130

RE: The tariff classification of Router switches from Ireland.

Dear Mr. Schau:

In your letter dated November 6, 1998, on behalf of Fore Systems, you requested a tariff classification ruling.

The merchandise under consideration involves two models of router switches (ESX-2400 and ESX-4800) that are designed for use as LAN Ethernet switches.

The ESX-4800 is an eight-slot 10/100/1000 modular chassis, with optional ATM OC-12 uplink support. It incorporates up to 48 ports of Gigabit Ethernet, 384 ports of 10/100 Ethernet, and 38 Mpps processing at layer-2, layer-3, and layer-4. The ESX-2400 is a four-slot 10/100/1000 modular chassis, that offers bandwidth scalability for "pay-as-you-grow" networking performance. It offers exactly half of the capacity and density of the ESX-4800 platform, with up to 24 ports of Gigabit Ethernet. These switches enable high quality transport of multimedia streaming, voice, and collaborative applications across a heterogenous frame and cell environment.

These router switches appear to be composite machines noting Legal Note 3 to Section 16 of the HTS. It is noted however that the ATM OC-12 ports are optional with these switches, which suggests these are principally used with LAN applications. The literature provided appears to support the argument that these are primarily used as a multi-port data routing link between desk-level PC's, mainframe access terminals or small LAN networks and servers to form a routing bridge between the different LAN data application flows. The literature also indicates a principal use with LAN for such equipment as LAN campus backbone, aggregation switch for large server farms or wiring closets, and ISP POP LAN's.

Both of these models would meet the definition of a "unit" of an ADP system, noting Legal Note 5 (B) to Chapter 84 of the HTS. Since they appear to be principally used for the interconnection of ADP processors to other ADP units within the framework of a LAN system, they would fall under the definition of a control or adaptor unit. Note also NY Ruling C86404 and HQ Ruling 961364 for similar merchandise.

The applicable subheading for the Router switches will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for control or adapter units. The rate of duty will be free.

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

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 Art Brodbeck at 212-466-5490.


Robert B. Swierupski

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