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NY F86950

June 6, 2000

CLA-2-85:RR:NC:MM:109 F86950


TARIFF NO.: 8517.90.2400

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, PC
75 Broad Street
New York, NY 10004

RE: The tariff classification of ROJ 212 227/3 – Power Controller (POWC) from Sweden

Dear Ms. Cumins:

In your letter dated April 26, 2000 you requested a tariff classification ruling on behalf of Ericsson Inc., of Richardson, TX.

The merchandise is described in your letter as a Power Controller (POWC) ROJ 212 227/3. The Power Controller (POWC) ROJ 212 227/3 is a printed board assembly, that when inserted into its appropriate sub-rack (magazine), determines the function of that magazine. This POWC board is found within Ericsson’s telecommunications switch commonly referred to as the AXE 10, or simply “AXE”. The POWC contains functions for controlling fans and power units. It also controls the externally visible Central Processing Digital Unit (CDU) panel as well as indicators on the board front showing the system status for each of the two CP sides. The CDU, as well as the boards, are complemented with Manual Intervention Allowed (MIA) indicators. The CDU also has a display presenting progress information during exceptional operations. Only the front side of the cabinet is equipped with a CDU panel. The MAI is housed on the same circuit board as POWC.

As per several meetings with your company and submitted information, it has been determined that the APZ processing system for Ericsson’s AXE 10 switch is distinguishable from similarly designated equipment classified in HQ 083588, September 22, 1989, and HQ 086399, January 24, 1991. While Ericsson still uses the same designation for its switch, the switch has undergone technological evolution over the last ten years. In particular, the APZ processing system no longer meets Chapter 84 Note 5 A (a). The APZ processing system contains programmable logic devices that are programmed for the Ericsson switch, and ASIC (application specific integrated circuits) that are designed by Ericsson specifically for this switch. The APZ system uses proprietary hardware, running a code based on a proprietary assembly code, which is based on a proprietary high-level language (PLEX) in an environment based on a proprietary operating system. In essence, the entire system is proprietary and no longer classifiable in Chapter 84. The current classification will be within Heading 8517.

The applicable subheading for the ROJ 212 227/3 – Power Controller (POWC) will be 8517.90.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for “[p]arts[o]ther parts, incorporating printed circuit assemblies[f]or telephonic switching or terminal apparatus.” 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 Linda M. Hackett at 212-637-7048.


Robert B. Swierupski

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