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NY F86948





June 1, 2000

CLA-2-85:RR:NC:MM:109 F86948

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.90.2400

Mr. W. Robb Lane
Ericsson Inc.
Wireless Communications Division
740 East Campbell Road
Richardson, TX 75081

RE: The tariff classification of Signal Processor Unit (“SPU”) ROJ 212 228/2 from Sweden

Dear Mr. Lane:

In your letter dated April 26, 2000 you requested a tariff classification ruling.

The merchandise is described in your letter as a Signal Processor Unit (“SPU”) ROJ 212 228/2. This article is part of the Ericsson telecommunications switch, commonly referred to as the AXE 10, or simply “AXE”. “AXE” consists of two systems, the telephony (APT) and the controlling (APZ). The APT system, handles switching & signaling and the APZ handles the data processing of the system. The merchandise in this ruling is part of the APZ and is located in the Central Processor Unit Magazine (CPUM). The CPU in each side (A&B) is divided into two working processor units, a Signal Processor Unit (SPU) and an Instructional Processor Unit (IPU). The Signal Processor Unit (“SPU”) ROJ 212 228/2 handles signals and job control of the IPU, whose function is entirely dedicated to program execution. This means that the SPU serves the IPU with the next job to be executed, according to priority. The SPUs activities include job buffer administration, Regional Processor (RP) signal handling and job table scanning. The SPU also interworks with the MAS and the error signaling part of the CP test system (CPT) in the maintenance unit (MAU).

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 212 228/2 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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