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NY 887917




July 26, 1993

CLA-2-85:S:N:N1:109 887917

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.40.7000

Mr. Ed Baker
A.N. Deringer, Inc.
173 West Service Road
Champlain., NY 12919

RE: The tariff classification of a fiber optic terminal from Canada.

Dear Mr. Baker:

In your letter dated June 28, 1993, you requested a tariff classification ruling, on behalf of ABL Canada Inc. of St. Laurent, PQ. Canada.

The merchandise, identified in the submitted literature as a NX-100 SONET OC1 Fiber Optic Terminal, hereafter NX-100, is described as a device that provides true transparent DS1 transmission for either D3/D4 or ESF line coding. It is used to connect businesses to the central office or interconnect customer locations to form a private network. It can also be used for interconnecting in-building communications. The NX-100 appears to be an apparatus designed for the transmission of data between two points over a line connection, using a modulated signal. It does not appear to be capable of transmitting voice messages or other sounds.

The applicable subheading for the fiber optic terminal will be 8517.40.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[other telegraphic apparatus for carrier-current line systems]." The rate of duty will be 4.7 percent ad valorem.

Goods classifiable under subheading 8517.40.7000, 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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