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NY K88642

November 19, 2004

CLA-2-85:RR:NC:+MM:109 K88642


TARIFF NO.: 8517.50.9000

Mr. Robert Pisani, Esq.
Pisani & Roll
1717 K Street NW
Suite 600
Washington, DC 20036

RE: The tariff classification of an “Alcatel ASN R3 Branching Unit (BU)” from an unspecified country

Dear Mr. Pisani:

In your letter dated October 11, 2004, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks.

This ruling concerns the classification of an “Alcatel ASN R3 Branching Unit (BU).”

The descriptive literature submitted states that the “Alcatel ASN R3 Branching Unit (BU)” is designed for telecommunications systems utilizing submerged equipment. The BU is a hybrid of optical, electronic and mechanical systems that forms part of a submarine telecommunications system for use in transmission of aggregate data. The BU is of an ASN generic design and includes features that allow the configuration of the BU to suit a given system. The BU provides a power switching capability to allow various telecommunications system-powering configurations and has provision for latching of the sea earth connection so that the configuration can survive partial power-down of the system. Power switching facilities are achieved by including Repeater-type amplifier electronics in one trunk fiber pair and/or spur fiber pair. These amplifiers facilitate the execution of supervisory commands. Additional non-amplified fiber pairs can pass through the BU. The unit is designed to terminate three line telecommunications cables and provide the following functions: line current switching; sea earth connection; latching of the sea earth connection; and diversion of one or more fiber pairs to the spur terminal. These features allow the BU to be utilized in complex branched telecommunication systems.

Your letter suggested HTS 8517.50.5000, which provides for “Electrical apparatus for line telephony or line telegraphyOther apparatus, for carrier-current line systems or for digital line systems: Other: Telephonic.” With respect to this subheading, “telephonic” apparatus involves the transmission of speech (voice) or other sounds between two points. However, the BU is used in the transmission of aggregate data, in addition to the transmission of speech or other sounds. As such, it is considered “telegraphic” apparatus, which is provided for within subheading 8517.50.90, as “telegraphic” apparatus.

The applicable subheading for the “Alcatel ASN R3 Branching Unit (BU)” 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.


Robert B. Swierupski

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