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NY L81485

January 11, 2005

CLA-2-84:RR:NC:1:110 L81485


TARIFF NO.: 8471.80.9000

Ms. Monika Sandman
Urusan Consulting
20063 La Roda Ct.
Cupertino, CA 95014

RE: The tariff classification of an Ethernet-based security system from Malaysia, Singapore and the United States of America.

Dear Ms. Sandman:

In your letter dated December 13, 2004 on behalf of your client McAfee, Inc. you requested a tariff classification ruling.

The merchandise under consideration is the McAfee Augustine IntruShield Sensor. The Augustine IntruShield is a computer intrusion and protection system designed for the safeguarding of network security. The Augustine IntruShield Sensor is an Ethernet-based IntruShield that can alternatively be deployed as an Intrusion Detection System (IDS) or as an Intrusion Protection System (IPS). The IDS is a type of security management system for computers and networks. It gathers and analyzes information from various areas within a computer or a network to identify possible security breaches, which include both intrusion (attacks from outside the organization) and misuse (attacks from within the organization). This system is positioned in a parallel configuration within the private network. The IDS monitors traffic and enables identification and quantification of anomalous activities, alerting the system administrator about attacks on the organizations network. The IPS system extends the IDS function by allowing the customer to create and enforce policy that blocks or drops traffic in response to policy violations. The IPS system is positioned in a series configuration behind the router that connects to the Internet or one or more levels deeper into the private network, and typically is inside the firewall. The IPS is in the path of the data transmission, thereby effectively blocking entrance of undesired transmissions into the LAN (Local Area Network) network or designated servers/personal computers (PCs).

The Augustine IntruShield Sensor is a 12 Gigabit Ethernet port and 2 gigabits per second (Gbps) intrusion detection and protection device featuring a minimum of 10 Gigabit Ethernet monitoring ports. The Augustine IntruShield Sensor is designed to process data only and is not an apparatus for carrier-current line systems or digital line systems. It is housed within a rack-mountable metal enclosure with power supplies, cooling fans and other elements required for system functionality.

In your letter you suggest classification under 8471.80.1000, HTS as a control or adaptor unit. The Explanatory Notes (ENs) of the Harmonized Tariff Schedule of the United States (HTS) provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. E.N. 84.71 (I) (D) defines control and adaptor units. Since the Augustine IntruShield Sensor does not interconnect the central processing units to other digital data processing machines or to groups of input or output units as required, it is not considered a control or adaptor unit. The Augustine IntruShield Sensor’s primary function is that of intrusion detection and protection for an automatic data processing (ADP) LAN system.

The applicable subheading for the Augustine IntruShield Sensor will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Other: 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 Eileen S. Kaplan at 646-733-3016.


Robert B. Swierupski

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