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NY K88466

August 25, 2004

CLA-2-85:RR:NC:MM:109 K88466


TARIFF NO.: 8517.50.9000

Ms. Joan Abraham
ADC Telecommunications, Inc.
13625 Technology Drive
Eden Prairie, MN 55344

RE: The tariff classification of an OptEnet Media Converter Platform and an OptEnet Work Station Media Converter from an unspecified country

Dear Ms. Abraham:

In your letter dated July 30, 2004 you requested a tariff classification ruling.

The OptEnet Media Converter Platform is telecommunication transmission equipment. It is composed of a chassis and various line cards. The chassis has a printed circuit board (PCB) backplane. This PCB is populated with connectors. The line cards are populated with electrical interfaces, optical interfaces, microprocessors, discrete components and power converters. The line card’s purpose is to convert an electrical signal into an optical signal. The OptEnet Media Converter Platform is an ethernet delivery solution from central office to customer premises, extending central office interconnect between network elements when distances are greater than 100 meters. It features multimode fiber to singlemode fiber conversions and a Medium Dependent Interface Cross-over (MDI-X), eliminating network collisions. Its modular design enables line card diversity with the same chassis and the auto-negotiation feature eliminates the need for optical line card upgrade in network elements. The OptEnet Media Converter Platform supports SNMP, Telnet communication protocols, 10Base-T, 100Base-TX and 1000Base-T UTP conversion to singlemode fiber.

The OptEnet Work Station Media Converter is telecommunications transmission equipment. It is ADC’s solution for media conversion at the work area. The media conversion acts as a repeater by extending transmission distances between hubs, switches, and fileservers up to 300 meters while greatly increasing the maximum channel length for remote workstations. Traditional solutions typically consist of an outlet optical, fiber jumper for connection to the media converter, a media converter on floor or desk, and a power supply that plugs into a wall outlet. However, the ADC work area (OptEnet Work Station Media Converter) solution consists of two simple components; 1 - an integrated media converter with conversion circuitry behind the faceplate and 2 - a local power supply through a compact power adapter that mounts behind the PC or on the desk. Tx and Rx fiber cables connect on the rear of the media converter, behind the faceplate and protected from the office environment, and an RJ45 station cord for the network interface card (NIC) connects on the front. Each single port media converter fits into any 6000 Multimedia Outlet with a 2-port opening. Built-in intelligence for optical link integrity and UTP link integrity indicators at the work area streamline installation, troubleshooting, and maintenance. In addition, installation is simple because there are no DIP of crossover switches to adjust. The local power supply obtains power through a standard PS/2 mouse interface with an RJ45 patch cord. The media converter can also be powered through the USB port of the PC by means of a simple patch cord or through a conventional AC/DC wall outlet power adapter.

Your letter states that you received advice from Trade Specialist, Star Schween, of the U.S. Export Assistance Center in Minneapolis, Minnesota, that the Media Converter would probably fall under heading 8543, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof.” However, the OptEnet Media Converter Platform and the OptEnet Work Station Media Converter are telecommunications transmission equipment that extend the distance of transmission between hubs, switches, fileservers and/or other network elements via carrier-current line systems or digital line systems. Telecommunications transmission equipment is provided for in Chapter 85 of the Harmonized Tariff Schedule of the United States (HTSUS). As such, the OptEnet Media Converter Platform and the OptEnet Work Station Media Converter are classifiable within subheading 8517.50.90, which provides for “Electrical apparatus for line telephony or line telegraphy telecommunication apparatus for carrier-current line systems or digital line systems”.

The applicable subheading for the OptEnet Media Converter Platform and OptEnet Work Station Media Converters will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other apparatus, for carrier-current line systems or for digital line systems: Other: Telegraphic: Other.” 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 646-733-3015.

The classification of the three Value-Added Modules (VAMs); 1 - Splitter Module, 2 - Monitor Module, and 3 - Wavelength Division Multiplexing (WDM) Module cannot be provided at this time because additional information is need. Based on your response to our previous rejection letter, under NY K86915, dated June 29, 2004, you stated that the VAMs will contain one type of pre-terminated passive optical component. You also stated that there are neither optical lenses nor electronics within the VAM Modules. Your response raises new questions, in addition to those previously addressed. Please provide the following information, which will enable us to identify the merchandise and determine a classification. Kindly be specific and describe each item in layman’s terms:

1 - Your letter describes the Splitter Module as being equipped with “optical” splitters. A) What type(s) of “optical” splitter(s) [or optic(s)] are within the Splitter Module? B) How do the “optical” splitters function?

2 - How does the Splitter Module actually “split” the signal to feed multiple subscribers?

3 - You letter states that the Monitor Module uses “splitters” to route a portion of the transmit signal and receive signal to a monitoring port. A) What type(s) of “splitter(s)” are these? B) Does/do the “splitter(s)” consist of any optical (optic) element(s)? If so, what is/are it/they, how does/do it/ they function, and is/are it/they housed within the Monitor Module, itself?

4 - The WDM Module is described as adding flexibility and functionality to optical networks by transmitting signals at different wavelengths through the same fiber. A) How does the WDM Module transmit signals at different wavelengths? B) Does the WDM Module use any optical (optic) element(s) to carryout this function? If so, what type of optical (optic) element(s) is/are they and is/are they housed within the WDM Module?

5 - Does either the Splitter Module, Monitor Module, or the WDM Module contain any passive circuitry, such as a Printed Circuit Board (PCB)? If so, is the PCB populated and with what type of components, i.e. capacitors, resistors, transistors, diodes, etc.

6 - Does either the Splitter Module, Monitor Module, or the WDM Module contain a chip, i.e. integrated circuit, to conduct the splitting, monitoring, or the wavelength division multiplexing of any/all of the/these module(s)? If so, please explain which modules do and what the purpose/function of the chip is.

7 - Your response to our rejection letter states that there are no “electronics” within the Splitter Module, Monitor Module, nor the WDM Module. If none of these modules contain any “electronics”, how can they each function? Or, do they? Are these three modules simply housings? If so, what is the component material of each of these housings?

8 - Please provide a schematic of each of the three Modules (Splitter, Monitor, and WDM) and label each of the components within each module, along with a detailed explanation of the function/purpose of each of the components within each module.

9 - If possible, please provide an actual sample of the Splitter Module, Monitor Module, and WDM Module in an open-fashion in order to identify each of the components within each module.

Please be very specific so that we can provide you with the correct classification. Any additional information that you can provide will be greatly appreciated.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please reference this ruling number NY H81060 and include all of the material that we have returned to you pertaining to this ruling. Mail your request to U.S. Customs, Customs Information Exchange, Room 437, NIS-112, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section. If you have any questions regarding these questions, contact National Import Specialist Linda M. Hackett at 646-733-3015.


Robert B. Swierupski

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