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NY L81402




December 15, 2004

CLA-2-85:RR:NC:MM:109 L81402

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000

Mr. Craig Jones
Customs/Logistics
Ciena Canada Inc.
307 Legget Drive
Kanata, Ontario, Canada K2K 3C8

RE: The tariff classification of a CIENA CNX-100 Modular Broadband Loop Carrier (BLC) from Mexico and China

Dear Mr. Jones:

In your letter dated November 22, 2004, you requested a tariff classification ruling.

This ruling concerns the classification of a CIENA CNX-100 Modular Broadband Loop Carrier (BLC).

The descriptive literature submitted states that the CIENA CNX-100 is a small, Modular Broadband Loop Carrier (BLC) that enables carriers to selectively add DSL, POTS+DSL, and video capabilities to the installed base of narrowband Digital Loop Carriers (DLCs). It provides a simple and inexpensive means to expand the DSL footprint and extend the capabilities and shelf life of older DLC equipment.

The CNX-100 Modular BLC provides 96 configurable subscriber ports in a single low-profile shelf that is installed directly inside existing cabinets. The system can be configured initially as a small DSLAM for DSL overlay topologies and then be selectively upgraded to provide voice services and additional POTS capacity to alleviate DLC exhaustion. Evolution of the platform feature set includes support for Voice over Packet (VoP) and Switched Digital Video (SDV) over DSL, including Gigabit Ethernet (GbE) network interfaces for maximum compatibility with IP SDV Headends and evolving IP transport networks.

You suggested that the classification of the CIENA CN CNX-100 Modular Broadband Loop Carrier (BLC) should be Harmonized Tariff Schedule (HTS) subheading 8517.80.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphyOther apparatus: Telephonic: Other.” However, the CIENA CNX-100 Modular Broadband Loop Carrier (BLC) facilitates in the transmission of voice, video, and data (telegraphy) within narrow and digital loop carriers. Therefore, the CIENA CNX-100 Modular Broadband Loop Carrier (BLC) is telegraphic apparatus for digital line systems classifiable in subheading 8517.50.90.

The applicable subheading for the CIENA CN CNX-100 Modular Broadband Loop Carrier (BLC) 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 general 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.

Sincerely,

Robert B. Swierupski
Director,

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