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NY 843416

Aug 8, 1989

CLA-2-85:S:N:N1:109 843416

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.30.5000

Ms. Joan McLeod
Northern Telecom Inc.
77 Oriskany Drive
Tonowanda, New York 14150

RE: The tariff classification of a data networking switch from Canada.

Dear Ms. McLeod:

In your letter dated July 13, 1989, you requested a tariff classification ruling.

The submitted literature describes the data networking switch, identified in your letter as model SL-10 (including the SL-10 Rapid), as a switch used to transmit between two points electrical impulses representing text and/or images and other data using a line connection connecting the transmission station to the receiving station. The SL-10 appears to be used to route information to a wide variety of devices such as PC's, workstations, host computers, printers, and modem pools. It does not appear to be able to transmit speech or other sounds.

The applicable subheading for the SL-10 data switch will be 8517.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[t]elegraph switching apparatus." The rate of duty will be 4.7 percent ad valorem.

Goods classifiable under subheading 8517.30.5000, HTS, which have originated in the territory of Canada, will be entitled to a 3.7 percent ad valorem rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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