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NY R03288




February 23, 2006

CLA-2-90:RR:NC:MM:114 R03288

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.90.5450

Ms. Nicoletta M. Stilwell
NetTest North America Inc.
6 Rhoads Drive
Center Green, Bldg. 4
Utica, NY 13502

RE: The tariff classification of the 10 GIG-E module for the CMA5000

Dear Ms. Stilwell:

In your letter dated February 14, 2006, you requested a tariff classification ruling on the 10 GIG-E module. Descriptive information on the 10 GIG-E module was submitted with the ruling request

The 10 GIG-E is a module for the CMA5000 mainframe. The module is used to verify the performance of high data rate optical data traffic carried on optical fibers. The purpose of the testing is to verify that the optical properties of the fiber and the fiber system (attenuation, scattering, dispersion, etc.) are sufficient to carry such traffic in a reliable manner; to verify that any associated optical transmission/routing equipment adheres to the various 10 GIG-E requirements; and to verify that the data adheres to specific protocols, framing and other data communication compliance test parameters. The module is available in various configurations supporting sources operating at 850, 1310, and 1550 nanometers.

The 10 GIG-E module is fully dependant upon the CMA5000 mainframe and its software for its operation. It cannot be used in any other application other than in conjunction with the CMA5000 mainframe for which it is designed. The CMA5000 is a mainframe product than can accommodate a variety of test modules. The primary use of the majority of the modules is for testing fiber optics and the properties of the fiber.

The applicable subheading for the CMA5000 10 GIG-E module will be 9027.90.5450, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of electrical instruments and apparatus; other; of articles of subheading 9027.50.40. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Sincerely,

Robert B. Swierupski
Director,

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