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NY A87053




September 16, 1996

CLA-2-85:RR:NC:MA: 112 A87053

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9090

Ms. Kathleen Queenan
John S. Connor, Inc.
Dulles International Airport
Bays 51-54, P.O. Box 16182
Washington, D.C. 20041-0182

RE: The tariff classification of multiplexers from Canada

Dear Ms. Queenan:

In your letter dated August 21, 1996, on behalf of CTA Space Systems, you requested a tariff classification ruling.

As indicated by the submitted literature, the multiplexers are both input and output types, and are designed for use in spacecraft. The input multiplexer demultiplexes a five channel downlink signal into five individual carriers with a minimum of amplitude and phase distortion. The output multiplexer combines the outputs of seven S-band power amplifiers with a minimum of amplitude and phase distortion, and includes a harmonic rejection filter.

The applicable tariff provision for the input and output multiplexers will be 8543.89.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTSUSA. The general rate of duty will be 3.4 percent ad valorem. Articles classifiable under subheading 8543.89.9090, which are products of Canada, and are certified for use in civil aircraft in accordance with General Note 6, HTSUSA, are entitled to duty free treatment under the Agreement on Trade in Civil Aircraft upon compliance with all applicable regulations.

In your request, you express the opinion that classification under subheading 8803.90.3000, the provision for parts of communications satellites, is applicable. Section XVII, Note 2(f), HTSUSA, precludes electrical machinery and equipment in Chapter 85 from classification in Chapter 88.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri

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