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NY R01417

March 10, 2005

CLA-2-90:RR:NC:N1:105 R01417


TARIFF NO.: 9030.40.0000

Mr. Mark Edward Creekmore
Acterna LLC
1 Milestone Center Court
Germantown, MD 20876

RE: The tariff classification of Telecommunication Test Sets

Dear Mr. Creekmore:

In your submission dated February 9, 2005, you requested a tariff classification ruling. No samples were submitted.

The items you cite are your DSL 350, 750 ATM, FB 6000, FST 2802, and DA 3200. While we received your extensive documentation on four of them and, in some cases, duplicates, we did not find any information regarding the FB 6000.

You describe the items as Telecommuncations Test Sets which are manufactured in the US and exported to many countries.

The information on the four items shows that they would be brought on site for testing of the customer’s connections among their computer and data devices and to and often through larger telecommunications nets such as DSL and Metro Ethernet Sevices. Each device has connections with the protocols for both optical fiber and copper wire transmissions and is designed to test transmissions in both the megabytes per second speeds typical of copper wire electrical transmissions and the gigabytes per second speeds typical of fiber optic light transmissions.

We consider your four items to be a composite good with elements classifiable in HTS 9027 and in HTS 9030, with neither elements providing the essential character by itself. Thus, HTS General Rule of Interpretation 3-c applies.

The applicable subheading for the DSL 350, 750 ATM, FST 2802, and DA 3200 will be 9030.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Instruments and Appliances for Measuring or Checking Electrical Quantities, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers). .
Regarding the FB 6000, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling. Please submit:

Samples, photographs, drawings or other pictorial representations of the item.

Descriptive literature or a detailed explanation on the use of the item. In particular, it is designed for use in testing fiber optic or electrical transmissions, or both? Is it designed for use in testing telecommunications transmissions? As a rule of thumb, telecommunications, for this purpose, are usually transmitted further than one can shout.

Descriptive literature or a detailed explanation on how the item operates/functions.

If you decide to resubmit your request, please include all of the material that we have returned to you specific to that item and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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