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NY R04962

October 10, 2006

CLA-2-85R:NC:MM 109 R04962


TARIFF NO.: 8517.50.9000

Mr. Michael C. Perez
Analyst Trade Compliance
Symbol Technologies
5400 George McVay Drive
McAllen, TX 78503

RE: The tariff classification of a wireless switch 5100 (WS-5100-WWR) from Taiwan

Dear Mr. Perez:

In your letter dated September 8, 2006, you requested a tariff classification ruling.

The merchandise subject to this ruling is a wireless switch 5100. This item is also identified within your letter as a WS-5100-WWR. The product literature further refers to this item as “Symbol’s wireless VPN (Virtual Private Network) switch, WS-5100-VPN”.

The wireless switch 5100 (WS-5100-WWR)/Symbol’s wireless VPN (Virtual Private Network) switch, WS-5100-VPN is a product that has been designed to help manage medium to large wireless networks. Each WS-5100-WWR can manage between 6 and 48 serial computer access ports, depending upon the license installed in the unit. The WS-5100-WWR is mounted in a server or “wiring closet.” Although the name of the product is a “wireless switch”, the item does not have the ability to send/receive information or communicate wirelessly. It has no radio frequency capability. This unit needs to be wired to the Ethernet switch to function.

In the network architecture the WS-5100-WWR manages the access ports through the Ethernet switch (manages wired connections and traffic and connections to external sources like the Internet). The WS-5100-WWR is the “brain” of the wireless network. It manages all the access ports, wireless network policies, protocols and traffic. Additionally, it houses the encryption capabilities of the wireless network as well. However, the wireless switch itself does not power the access ports. Power is provided by the Ethernet switch or power over Ethernet power injectors. If any of the protocols or settings needs to be adjusted with regards to the wireless network, the WS-5200-WWR can be accessed through Internet explorer. Each unit can be issued an IP address and through the network the wireless switch can be reached and reconfigured.

The product literature reveals that the WS-5100-WWR is similar to products working through the usage of a virtual private network (VPN), to accommodate the needs of remote employees and distant offices through the wide are network ((WAN). The “Introduction” portion of the product literature states:

“Symbol’s wireless VPN (Virtual Private Network) switch, WS-5100-VPN provides centralized management of wireless network components across the wired network infrastructure. The WS 5100-VPN includes a VPN server for both wired and wireless clients thus eliminating the need for a separate box to provide VPN services”.

Basically, a VPN is a private network that uses a public network (usually the Internet) to connect remote sites or users together. Instead of using a dedicated, real-world connection, such as a leased line, i.e. via a public switched telephone network (PSTN), the VPN uses “virtual” connections routed through the Internet from the company’s private network to the remote site or employee. As such, although this product manages local area network (LAN) and wireless local area network (WLAN) traffic (voice, video, and data) it utilizes a virtual public network, the wide area network (WAN), via the Internet, to do so. Therefore, its usage is not limited to the LAN, but also extends out to the WAN.

The applicable subheading for the wireless switch 5100 (WS-1500-WWR) will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus, for carrier-current line systems or digital line systems: Other: Telegraphic: Other.” 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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 8517.62.0080 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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.


Robert B. Swierupski

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