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August 26, 1999

CLA-2-84:RR:NC:1:110 E86342


TARIFF NO.: 8471.80.1000

Ms. Julie Robinson
Circle International, Inc.
385 Valley Drive
Brisbane, CA 94005

RE: The tariff classification of Optical Transceivers for LAN from Canada

Dear Ms. Robinson:

In your letter dated August 9, 1999, on behalf of Extreme Networks, you requested a tariff classification ruling.

The merchandise under consideration involves three models of optical transceivers, one of which is a 1250 Mb/s short wavelength optical transceiver, and the other two GBE 1250LH and IBM 1063-Mbps and 1250-Mbps gigabit transceivers, are long-haul optical transceivers.

The GBE 1250SW short wavelength optical transceiver is a serial-electrical to serial-optical transceiver module which operates at 1250Mbd. It is compliant to the optical specifications for 100BaseSX optical interconnects as defined in the IEE 802.3z Gigabit Ethernet standard. It is designed for distances of 2 to 550 meters over 50/125um multi-mode fiber optic cable. It is primarily designed for use with the following applications: Gigabit Ethernet switches; GbE buffered repeaters; switch-to-switch interconnects; network interface cards; and uplinks for Ethernet hubs/switches. This device incorporates a transmitter and receiver in one common module.

Noting Legal Note 5 (B) to Chapter 84 of the HTS, these optical transceivers would meet the definition of a “unit” of an ADP system, since they are principally used with an automatic data processing system. Since their principal function appears to effectuate interconnection of a CPU unit to other units or ADP machines within a LAN configuration, they would serve control and adaption functions. Please note also HQ rulings 952554, 953211, and NY ruling letter B86527 for similar merchandise.

The applicable subheading for the GBE 1250SW short wavelength optical transceiver will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other units of automatic data processing machines; control or adapter units. The rate of duty will be free.

The other two models of optical transceivers, which are basically long-haul optical transceivers, and designed for long distance transmission, involves merchandise that is currently under review in our Headquarters office. We are therefore unable at this time to issue a binding ruling on the long-haul optical transceiver models.

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 212-637-7019.


Robert B. Swierupski

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