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NY N017724

October 12, 2007



TARIFF NO.: 8517.62.0050

Marcus J. Gillings, Import/Export Analyst CIENA Corporation, Inc.
1201 Winterson Road
900 International Drive
Linthicum, MD 21090-2205

RE: The tariff classification of CIENA DN 7000 series from unspecified countries of origin

Dear Mr. Gillings:

In your letter dated September 25, 2007 you requested a tariff classification ruling.

This ruling concerns the classification of a CIENA DN 7000 series.

The request refers to the CIENA DN 7000 series: including DN 7050, DN 7100, DN 7200, and CN 5060 series. However, information regarding DN 7050, DN 7100, DN 7200, and CN 5060 was not provided. Therefore, this ruling will only address the classification of the DN 7000 series.

CIENA’s DN 7000 Multiservice Edge Switching and Aggregation Platform gives a wide spectrum of Ethernet and IP/MPLS-based (Multiprotocol labeling switching) service delivery, from modern data-aware access networks to the edge of the IP/MPLS core.

CIENA’S DN 7000 Series offers service providers the capability to deploy solutions that are appropriate to customer demand and service area density by delivering Ethernet service, IP/MPLS, ATM, Frame Relay, and TDM aggregation and switching on a single platform; allowing service providers to facilitate the convergence of new and existing data services and networks onto Ethernet and IP/MPLS-based architectures while protecting their current Layer 2 investments.

CIENA’S DN 7000 Series delivers six-9s reliability through its telephony-grade operating system, enabling in-service software upgrades and downgrades without disruption. The DN 7000 Series features scalability via significant increase in port, Pseudowire Emulation Edge-to-Edge (PWE3), Virtual Circuit (VC), and Label-Switched Path (LSP) densities and processing power. This product family’s compact design minimizes space and power requirements by consolidating multiservice switching onto a single chassis rather than deploying multiple products.

CIENA’S DN 7000 Series Enables Migration to Ethernet and IP/MPLS with advanced Ethernet service interworking and multiservice pseudowires. Service providers can expand their addressable market, reach and availability for Ethernet by utilizing advanced Ethernet service and network interworking with traditional Layer 2 customers and networks. In addition, the DN 7000 Series’ multiservice pseudowires facilitate convergence by enabling new Ethernet service delivery and seamless Frame Relay, ATM and TDM migration onto an IP/MPLS core.

The DN 7000 Series has four models that share common hardware and software, decreasing sparing requirements and simplifying system operation and management. Through software-only configuration and dual control planes (MPLS and/or ATM), this product family’s multiservice interfaces can be independently provisioned to run in Ethernet, IP/MPLS, and/or ATM modes.

The DN 7000 series supports a wide variety of interface types that scale from DSO to OC-48/STM-16 as well as 10/100 and Gigabit Ethernet speeds.

The DN 7000 Series addresses the requirements of Triple Play aggregation, business data services and fixed/mobile convergence applications including:

Layer 2 MPLS VPNs using pseudowires (Ethernet, TDM, Frame Relay and ATM) Any-to Any Ethernet service and network interworking with Frame Relay and ATM. Converged 2G/3G mobile voice and data radio-access networks via TDM, ATM and/or pseudowire-based backhaul. Gigabit Ethernet and/or ATM-based broadband services aggregation (DSL/FTTx).

In general, the DN 7000 series would be considered networking equipment.

The applicable subheading for the CIENA DN 7000 series will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network: Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: 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).

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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