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NY 856993


Nov 2, 1990

CLA-2-85:S:N:N1:109 856993

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.30.5000

Ms. Dody Trombley
F.W. Myers & Company., Inc.
33 West Service Street
P.O. Box 188
Champlain, N.Y. 12919

RE: The tariff classification of the "switchex" from Canada.

Dear Ms. Trombley:

In your letter dated September 18, 1990, you requested a tariff classification ruling on behalf of Alternate Connection, Montreal, Canada.

The switchex is described in the submitted literature as a product which is an electronic path which allows a computer network manager to:

-connect users to available computer ports -disconnect users
-keep a database on a configuration print a report on connectivity
-have levels of security for access

The control is made by software that resides in an IBM PC or compatible. Switchex comes in various sizes matrices such as 24 by 48 or 48 by 96 which represent the number of input and output ports. All switchex models are equipped with a microprocessor that includes a ROM (read only memory) that stores a software program written in assembler and compiled in machine form. The machine form software receives instructions from the PC through a propriatary software as to what to connect. Once this is done it gives instructions to open channels and keep them open between inpit and pitput. Since th switchex can handle various protocols, it has to make sure terminals and computer ports of diiifferent nature are not connected. At any given moment the switchec package has the intelligence to give a status on connections, names and other information on users, available comouter ports etc. The switchex has a feedback protocol that informs on faults and errors. The switchex appears to be dedicated to the transmission of symbols representing written messages, images, or other data between two points using a line connection. It does not appear to be easily adapted to the transmission of speech or other sounds nor does it appear to route information to and from specific locations based on anaddress determined by the system.

The applicable subheading for the "switchex" will be 8517.82.0080 , Harmonized Tariff Schedule of the United States (HTS), which provides for "other telegraphic apparatus." The rate of duty will be 4.7 percent ad valorem.

Goods classifiable under subheading 8517.82.0080, HTS, which have originated in the territory of Canada, will be entitled to a free 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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