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NY G85055

December 27, 2000

CLA-2-84:RR:NC:1:110 G85055


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-1000 Standalone 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-1000 Standalone Ethernet Switch manufactured by D-Link. As described in you letter and attached literature, the ES-1000 Ethernet Switch is a Local Area Network (LAN) Ethernet Switch (i.e. Router Switch). The ES-1000 has a base configuration of twenty-two (22) slot 10/100 Base-TX ports, with capabilities for expansion to twenty-four (24) switch ports. The ES-1000 is a wire-speed non-blocking switch designed to support Gigabit Ethernet. The switch is capable of being configured from any PC within the network and can also be utilized by a network administrator to analyze and monitor network flow.

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. The ES-1000 Standalone 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 260 meters depending on media type. The ES-1000 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-1000 Standalone 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.


Robert B. Swierupski

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