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HQ 961364




June 30, 1998

CLA-2 RR:CR:GC 961364 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.10

Port Director of Customs
10 Causeway Street, Suite 603
Boston, MA 02222-1059

RE: Protest 0401-97-100506; Shiva AccessPort

Dear Port Director:

The following is our decision regarding Protest 0401-97-100506 concerning your action in classifying and assessing duty on the Shiva AccessPort under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of the Shiva AccessPort, which is a stand-alone router geared to telecommuters and small branch office users requiring remote access to Internet service providers and large corporate local area networks (LANs). Through the use of this equipment over a telephone line, branch office employees may perform such functions as send and receive electronic mail, download critical documents, and reference product and order information. The AccessPort's hardware specifications consist of the following: one 10BaseT Ethernet Interface, one RS232 Admin Port, two analog telephone sockets, one integrated services digital network (ISDN) basic rate interface (BRI), front panel light emitting diodes (LEDs) for status review, external power supply, and Ethernet and ISDN cables. It allows for aggregation of two ISDN B-channels using multi-link point-to-point protocol (PPP) for 128 kbps throughput, and supports voice, facsimile, and data communication.

To keep connection time at a minimum, the router utilizes routing technology referred to as "spoofing", which distinguishes when one LAN system is communicating with another over the telephone line and disconnects the telephone line when no such communication occurs.

The AccessPort can provide up to 16 Internet protocol (IP) addresses, subnet mask, gateway address, domain name, and primary and secondary addresses, simplifying set up of small offices. The AccessPort coordinates with ADP machines utilizing Windows installed Wizard and Shiva Monitor graphics software. The AccessPort also contains the mass deployment tool (MDT), which allows network managers to control the configuration of a large number of AccessPorts centrally. A Windows graphics interface allows AccessPort configurations to be saved in ASCII format and provides tools allowing transfer of configurations and firmware upgrades to and from AccessPorts.

The merchandise was entered on October 13, 1996, under subheading 8471.80.10, HTSUS, as ADP control or adapter units. The entry was liquidated on October 17, 1997, under subheading 8517.50.50, HTSUS, as other telephonic apparatus for carrier-current line systems or for digital line systems. The protest was timely filed on November 10, 1997.

ISSUE:

Whether the AccessPort is classifiable under subheading 8471.80.10, HTSUS, as an ADP control or adapter unit, or under subheading 8517.50.50, HTSUS, as other telephonic apparatus for carrier-current line systems or for digital line systems.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The 1996 HTSUS provisions under consideration are as follows:

8471 Automatic data processing machines and units thereof; *****:

8471.80 Other units of automatic data processing machines:

8471.80.10 Control or adapter units.

8517 Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line system; videophones; parts thereof:

8517.50 Other apparatus, for carrier-current line systems or for digital line systems:

Other:

8517.50.50 Telephonic.

In HQ 952631, dated October 13, 1992, we dealt with the classification of the DevelNet system, which was designed to allow a user to create regional or national wide area networks (WANs) by connecting various LANs into a fully integrated data communications network. In that ruling, we held the DevelNet system to be classifiable under subheading 8471.99.15, HTSUS (the predecessor to subheading 8471.80.10, HTSUS). See also HQ 952628, dated October 13, 1992, and HQ 952812, dated December 30, 1992. Therefore, based upon the information provided, as the AccessPort is similar to the DevelNet system, we find that it is classifiable under subheading 8471.80.10, HTSUS.

HOLDING:

The Shiva AccessPort is classifiable under subheading 8471.80.10, HTSUS, as an ADP control or adapter unit.

The protest should be GRANTED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision, together with the Customs Form 19, should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of this decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act, and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division

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