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NY N005230

January 30, 2007



TARIFF NO.: 8517.50.9000

Mr. Joseph L. De La Luz
Director, Trade Compliance
NEC Corporation of America
6535 N. State Highway 161
Irving, TX 75039-2402

RE: The tariff classification of a very high bit-rate digital subscriber line (VDSL) printed circuit board (card) from Japan

Dear Mr. De La Luz:

In your letter dated December 19, 2006, you requested a tariff classification ruling.

The merchandise subject to this ruling is a very high bit-rate digital subscriber line (VDSL) printed circuit board (card). The VDSL card works essentially like an asymmetrical digital subscriber line (ADSL) plug-in card or a modem. The VDSL card, however, delivers high-speed voice, video, and data service over twisted copper phone lines at a very high rate of speed using industry standard Discrete Multi-Tone (DMT) line coding technology. The VDSL card can achieve speeds as high as 100 Megabits per second (Mbps) downstream (to ones home) and 100 Megabits per second (Mbps) upstream (from ones home), whereas an ADSL card provides up to 24 Mbps downstream and 1 Mbps upstream.

The applicable subheading for the very high bit-rate digital subscriber line (VDSL) printed circuit board (card) will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for carrier-current line systems or for 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 in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise will be classified in 8517.62.00 HTSUS.

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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