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NY G81417

October 6, 2000

CLA-2-85:RR:NC:MM:109 G81417


TARIFF NO.: 8517.90.3800

Mr. Neil Trenchard
Manager, Import/Export Operations
Siemens Shared Services, LLC
Import/Export Traffic Services
186 Wood Avenue South
Iselin, NJ 08830

RE: The tariff classification of a five modules: OMD Plug-in Modules, Pump Plug-in Modules, CAM Plug-in Modules, OLI Plug-in Modules, and OCR Plug-in Modules from Germany

Dear Mr. Trenchard:

In your letter dated August 31, 2000, you requested the tariff classifications of five different modules. This office reserves comment on the classification of the OMD Plug-in Modules and the Pump Plug-in Modules for the reasons indicated below. The classification of the remaining three modules: CAM Plug-in Modules, OLI Plug-in Modules, and the OCR Plug-in Modules is provided further within this ruling.

As previously discussed with you during a telephone conversation, this office is precluded from ruling on the classification of the OMD Plug-in Modules because it is the subject of a current or completed Customs transaction through the port of Dallas. If the transaction is current and you want to have your arguments considered and ruled upon, you should ask the Port Director having jurisdiction over the entry of your merchandise to seek advice from Customs Headquarters through the Internal Advice procedure in accordance with Customs Federal Regulations (CFR) 177.11. If the transaction is completed and the entry has been liquidated, you should file a protest and seek further review of that protest by our Headquarters office. CFR 174.23 outlines the procedures to follow in filing an Application for Further Review.

You may recall, that during our telephone conversation you stated that the Pump Plug-in Modules contained more than one optical element and, therefore, may be exempt from Section XVI by Note 1 (m). Note 1(m) excludes articles of chapter 90. You further stated that if the Pump Plug-in Module was found to be exempt from Section XVI then its classification might fall under heading 9013. Barbara Kiefer, the National Import Specialist who handles heading 9013 reviewed the descriptive literature for the Pump Plug-in Modules. Unfortunately, she requires additional information to determine if classification within heading 9013 applies. Submission of the following information is needed:

1 – What are the optics that are incorporated in the Pump Plug-in Modules? 2 – What role do the optics play in the operation of the Pump Plug-in Module? 3 – Please furnish a diagram of the optics.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material pertaining to the Pump Plug-in Modules, which we have returned to you, along with your original submission, and mail it to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Linda M. Hackett at 212-637-7048

The Channel Access Module (CAM) Plug-in Modules are printed circuit assemblies used in the TransXpress Infinity telecommunications equipment. CAMs are very simple one-input, one-output devices with a Variable Optical Attenuator (VOA). One CAM is required for each wavelength that the user wishes to transport over fiber. They are used only at the transmit end of the entire long-distance route. A fiber carrying one channel is attached to the input of each CAM card. The CAM incorporates a VOA that applies the necessary amount of attenuation, decrease in power that occurs when any signal is transmitted, to that channel’s signal power to balance the power of all channels when they are later multiplexed into the same long distance fiber. After attenuation, the channel is output from the CAM.

The Optical Line Interface (OLI) Plug-in Modules are printed circuit assemblies used in the TransXpress Infinity telecommunications equipment. OLI modules are installed periodically along a long-distance route to provide amplification of the light signal. In this way, the total transmission distance that is possible can be extended. OLI cards feature “Pumping” laser diodes whose purpose is to produce the Erbium-Doped Fiber Amplifier (EDFA) effect that amplifies the power of the traffic carrying wavelengths passing through the OLI card. Each OLI card also features one relatively low-power laser diode for the Optical Supervisory Channel. The low-power laser diode is the “optical source” for the Supervisory Channel. The Supervisory Channel is “piggy-backed” onto the same transmission fiber with the actual traffic carrying wavelengths.

The OCR Plug-in Modules are printed circuit assemblies used in the TransXpress Infinity telecommunications equipment and provides a function similar to the OLI modules, in that they enable longer transmission distances. OCR cards perform “regeneration” of the transmitted signal, since the quality of the signal eventually degrades as it is transmitted through the fiber and through many successive amplifier (OLI module) sites. Regenerators reconstruct the digital form of the transmitted light signal and re-clock it for timing synchronization. As such, an OCR module converts the incoming light signal into its electrical equivalent, filters out undesirable “noise”, thus regenerating the signal’s original digital quality, then re-converts the signal back into light for long-distance transmission again.

The applicable subheading for the CAM Plug-in Modules, OLI Plug-in Modules, and the OCR Plug-in Modules will be 8517.90.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line systemsOther: Printed Circuit Assemblies: For telephonic 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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