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NY F86307




May 23, 2000

CLA-2-85:RR:NC:MM:109 F86307

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.90.2400

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, PC
75 Broad Street
New York, NY 10004

RE: The tariff classification of “AXE” Equipped Cabinet BFE 301 076/2 from Sweden

Dear Ms. Cumins:

In your letter dated April 26, 2000 you requested a tariff classification ruling on behalf of Ericsson Inc., of Richardson, TX.

The merchandise is described in your letter as an “AXE” Equipped Cabinet BFE 301 078/029. The BFE 301 078/029 is an equipped cabinet, which is part of the control switch of Ericsson’s telecommunications switch, commonly referred to as the AXE 10, or simply “AXE”. The cabinet is designed of metal that has been equipped with magazines (racks), of which contain specific printed board assemblies (PBA’s) that make up the functionality. It is this functionality that tells us what system the equipped cabinet is part of. In this instance, the cabinet functions within the APZ (controlling) system. More specifically, the BFE 301 076/2 is a magazine group (cabinet) making up the input/output group (CPG-APZ 212 20). This cabinet cannot perform the switching function without the additional board(s) or cabinet(s) that are contained within the “AXE” switching system.

As per several meetings with your company and submitted information, it has been determined that the APZ processing system for Ericsson’s AXE 10 switch is distinguishable from similarly designated equipment classified in HQ 083588, September 22, 1989, and HQ 086399, January 24, 1991. While Ericsson still uses the same designation for its switch, the switch has undergone technological evolution over the last ten years. In particular, the APZ processing system no longer meets Chapter 84 Note 5 A (a). The APZ processing system contains programmable logic devices that are programmed for the Ericsson switch, and ASIC (application specific integrated circuits) that are designed by Ericsson specifically for this switch. The APZ system uses proprietary hardware, running a code based on a proprietary assembly code, which is based on a proprietary high-level language (PLEX) in an environment based on a proprietary operating system. In essence, the entire system is proprietary and no longer classifiable in Chapter 84. The current classification will be within Heading 8517.

The applicable subheading for the Signal Processor Unit (“SPU”) ROJ 212 229/2 will be 8517.90.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for “[p]arts[o]ther parts, incorporating printed circuit assemblies[f]or telephonic switching or terminal apparatus.” 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 Linda M. Hackett at 212-637-7048.

Sincerely,

Robert B. Swierupski
Director,

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