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NY F80482




January 24, 2000

CLA-90-MM:RR:NC:MM:114 F80482

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.9000

Ms. Yvonne Holland
JDS Uniphase Corporation
570 West Hunt Club Road
Nepean (Ottawa), Ontario
K2G 5W8 Canada

RE: The tariff classification of optical amplifiers from Canada

Dear Ms. Holland:

In your letter dated November 30, 1999 you requested a tariff classification ruling.

The optical amplifiers are designated as JDS Uniphase part number 896036167RM0001. Optical amplifiers are used to increase the transmission distances of an optical signal through optical fibers by boosting the transmitter output, compensating for losses and improving receiver sensitivity. Optical amplifiers contain an erbium doped fiber amplifier (EDFA), which is an optical element for tariff purposes. EDFAs are key technology for increasing the bandwidth of optical transmission systems. There are passive optical amplifiers and active optical amplifiers and both contain EDFAs. The passive optical amplifiers are not provided with a pump laser (the light source); the active optical amplifiers are provided with the pump laser. The optical amplifiers work in the wavelength range of 1530 nanometers to 1562 nanometers. The light signal is passed back into the output, which is the non-doped optical fiber, after amplification. It is transmitted through that optical fiber until the signal requires amplification again by an optical amplifier.

The applicable subheading for the passive and active optical amplifiers will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments; other devices, appliances and instruments, other. The rate of duty will be 4.5 percent ad valorem.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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