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NY R05149

November 22, 2006

CLA-2-84:RR:E:NC:1:120 R05149


TARIFF NO.: 8471.80.1000

Mr. Brian Johnson
Keytronic Corporation
4424 North Sullivan Road
Spokane, Washington 99216

RE: The tariff classification of Multi-Service Gateway, Incharge Network Management System and InCharge RF Manager from Mexico.

Dear Mr. Johnson:

In your letter dated October 30, 2006 you requested a tariff classification ruling.

The MultiService Gateway (MGW-3500) is a stand-alone server connected indirectly to the internet via ethernet switching devices. The server has a Celeron 2.8 gig processor, no hard drive, 256 mg DRAM, and a PC platform running on Linux firmware with hardware blocks to control the firewall. The server is a specialized 1U rack-mount controller designed specifically for large-scale internet access services. The MGW-3500 controls client devices, such as laptops and desktops, that are connected via wireless local area network (WLAN) access points or directly to an ethernet network, enabling both service providers and enterprises to authenticate users and control session operation. It integrates a firewall and IP router enabling it to support a range of network architectures built for large campus and hotspot operator applications. The MGW-3500 delivers multiple network services mapping the traffic to destined portals and servers.

Similar to the MGW-3500 hardware platform with firmware, the InCharge Network Management System (NMS) is a turn-key, network appliance with embedded firmware or application software in the form of a CD ROM that runs on a standard PC server. This network appliance features an embedded database, and scales easily from small WLANs to large networks servicing tens of thousands of client devices. Because it communicates with MultiService Controllers and Access Points using standard Internet protocols, the NMS can manage any network topology, from a local campus network to a large, geographically-distributed network that spans hundreds of locations.

The InCharge Radio Frequency (RF) Manager is a wire LAN device that comprises a server with embedded firmware to provide intrusion prevention detection capability. It is connected to wireless sensors via the Ethernet switching WLAN to scan airwaves and provide automatic protection against unauthorized WLAN activity. This network appliance is typically connected to a switching product in the network data center, and its main function is wireless intrusion detection and wireless intrusion protection. Thus, the InCharge RF Manager acts as a firewall and IPS to the wireless network environment. In addition to automatically identifying and preventing security risks and attacks, it provides real-time network audits, assists in performance troubleshooting, and monitors the overall health of WLANs.

The MultiService Gateway, InCharge Network Management System and InCharge RF Manager meet the definition of a "unit" of an automated data processing (ADP) system as defined in Legal Note 5(B) to Chapter 84 of the Harmonized Tariff Schedule of the United States (HTSUS). They are connectable to the central processing unit either directly or through one or more other units, and are specifically designed as part of such a system. From the information you provided, the principal function is the interconnection of the mainframe to other input and output units. It would thus fall under the definition of a control or adapter unit under HTSUS number 8471.80.1000.

The applicable subheading for the Multi-service Gateway, InCharge Network Management System (turn-key network appliance) and InCharge RF Manager will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Automatic data processing machines and units thereof Other units of automatic data processing machines: Control or adapter units. The rate of duty will be free.

The applicable subheading for the InCharge Network Management System (software) imported as a CD ROM will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Records, tapes and other recorded media for sound or other similarly recorded phenomena: Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. 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 8517.62.00 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 Denise Faingar at 646-733-3010.


Robert B. Swierupski

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