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NY C86404




April 15, 1998

CLA-2-84:RR:NC:1:110 C86404

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.1000

Mr. Craig M. Schau
Emery Customs Brokers
6940 Engle Rd. Suite A
Middleburg Hts, Ohio 44130

RE: The tariff classification of Ethernet and Token Ring Switches from Ireland.

Dear Mr. Schau:

In your letter dated March 26, 1998, on behalf of Fore Systems, you requested a tariff classification ruling.

The merchandise under consideration involves a model TS-2800 Token Ring Access Switch, a model ES-3810 Ethernet Workgroup Switch, and a model ES-3850 ATM Ethernet Workgroup Switch, all of which appear to be designed and used in a Local Area Network environment.

The ES-3810, using Forethought internet working software, seamlessly connects 10 Mbps and 100 Mbps clients to servers and to the corporate ATM backbone. This device is approximately 17 inches in width, weighs 14.8 pounds, and in addition to port-based VLAN support, the ES-3810 also supports MAC layer-based VLANs.

The ES-3850 ATM Ethernet Workgroup Switch incorporates plug-and-play dedicated bandwidth to existing Ethernet segments, and integrates ATM and Ethernet to take advantage of cell switching. It incorporates 16 fixed Ethernet ports and supports ATM forum LAN emulation specifications.

The TS-2800 Token Ring Access Switch is a chassis-based system that provides switched access to ATM networks for legacy Token-Ring client and server connections. It comes equipped with an ATM Uplink and a 4-port network module that supports both UTP/STP and Token-Ring wiring.

All three of these devices would meet the definition of a "unit" of an ADP system, noting Legal Note 5 (B) to Chapter 84 of the HTS. Since they appear to be principally used for the interconnection of ADP processors to other ADP units within the framework of a LAN system, they would fall under the definition of a control or adaptor unit. Note also NY Ruling letter 814175 for similar merchandise.

The applicable subheading for the three models of Ethernet and Token Ring Switches will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for control or adaptor units. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Art Brodbeck at 212-466-5490.

Sincerely,

Robert B. Swierupski
Director,

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