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NY L80676

November 29, 2004

CLA-2-85:RR:NC:MM:109 L80676


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 SPC Alarm Concentrator Unit” from an unspecified country

Dear Mr. Pisani:

In your letter dated October 12, 2004, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks.

This ruling concerns the classification of “Alcatel SPC Alarm Concentrator Unit.”

The descriptive literature submitted states that “Alcatel SPC Alarm Concentrator Unit” is a replaceable plug-in unit of Alcatel’s Power Feeding Equipment (PFE), a hybrid of optical, electronic and mechanical systems that forms part of a submarine telecommunication system for use in transmission of aggregate data. The “Alcatel SPC Alarm Concentrator Unit” acts as a communication interface between the PFE and Alcatel’s telecommunication system’s network management system (NMS). The SPC communicates with micro units in each power unit using an RS422 interface, and with the NMS using Ethernet. The unit is 500mm by 260mm by 240mm.

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 “Alcatel SPC Alarm Concentrator Unit” 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 SPC Alarm Concentrator Unit” 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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