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NY L80881

December 1, 2004

CLA-2-90:RR:NC:MM:114 L80881


TARIFF NO.: 9013.80.90

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

RE: The tariff classification of Value Added Modules (VAMs)

Dear Ms. Abraham:

In your letter dated November 4, 2004 you requested a tariff classification ruling.

The Value Added Modules (VAMs) are splitter modules, monitor modules and wavelength division multiplexer modules. A sample of the value added splitter module, catalog number VSM-27A7A2000A0000, and a sample of the value added monitor module, catalog number VMM-7U7U7U1AJ000, were furnished with your letter and are being returned as requested. The splitter modules (VSM), the monitor modules (VMM) and the wavelength division multiplexer modules (WDMM) are optical devices containing either Fused Biconic Tapers (in the case of the VSM, VMM, WDMM) or Planar Lightwave Circuits (in the case of the VSM). Fused biconic tapers are two optical fibers twisted together, heated and pulled to create a fused coupling zone between them. Planar lightwave circuits (PLCs) consist of an optical input fiber that is aligned and bonded to a PLC that contains a silica glass splitter pattern. The signal exits into optical fibers that are aligned and bonded.

Information provided by your office indicates that the VAMs contain no electronic components. The VSM, VMM and the WDMM do not contain any passive circuitry such as printed circuit boards or components such as capacitors, resistors, transistors, and diodes. Also, the VAMs do not contain integrated circuits. The VAM system consists of a chassis, connectors/adaptors, and optical components. The housings for the VAMs are made from either aluminum or plastic. The chassis and connectors/adaptors come in a wide variety of shapes and sizes based on the application. The optical components housed within them also come in a wide variety including optical splitters, wavelength division multiplexers, variable attenuators and optical switches.

The applicable subheading for the VAMs will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments, other devices, appliances and instruments, other. The rate of duty will be 4.5 percent ad valorem.

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 Barbara Kiefer at 646-733-3019.


Robert B. Swierupski

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