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NY G85044





December 27, 2000

CLA-2-84:RR:NC:1:110 G85044

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.1000

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

RE: The tariff classification of the ES-2000 Chassis-based Ethernet Switch from Taiwan.

Dear Mr. Schau:

In your letter dated November 27, 2000, on behalf of your client Marconi Communications, you requested a tariff classification ruling.

The merchandise under consideration is the ES-2000 Chassis-based Ethernet Switch manufactured by D-Link. The ES-2000 is designed for high performance edge networks. This switch is a highly flexible wire-speed solution that provides a maximum of 128 10/100 Mbps wire speed ports, 96 100 Mbps Fiber Ethernet ports or 16 Gigabit Ethernet ports allowing the option of mixing any combination of modules to support the connectivity needs of a network. Nine expansion slots and dual-redundant power supplies are also provided. The ES-2000 can be either used with hubs, other switches or direct connectivity to end-users. Multiple types of network control software protocols can control switches. The switch can be configured from any PC within the network.

Clarification of the descriptive literature submitted with your ruling request was provided in a telephone conference on December 19, 2000, with Mr. Robert Kirsh, Product Certification Engineer for Marconi Communications. This Chassis-based Ethernet Switch is used in a corporate type Local Area Network (LAN). It does not have Wide Area Network (WAN) capability. Product range is up to 3km depending on media type. The ES-2000 meets the definition of a "unit" of an ADP system under Legal Note 5(B) to Chapter 84 of the Harmonized Tariff Schedule of the United States (HTS).

The applicable subheading for the ES-2000 Chassis-based Ethernet Switch will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof Other units of automatic data processing machines: 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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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