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NY F88412




June 20, 2000

CLA-2-85:RR:NC:MM:109 F88412

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 Printed Board Assembly (MAU) ROJ 212 206/1 from Sweden

Dear Ms. Cumins:

This Ruling NY F88412 amends Ruling NY F86304 dated May 23, 2000, in which the Printed Board Assembly (MAU) ROJ 212 206/1 was incorrectly referenced as a Signal Processor Unit (“SPU”) ROJ 212 229/2 in paragraph one of page two. Ruling NY F88412 now references the Printed Board Assembly (MAU) ROJ 212 206/1 correctly throughout the ruling. The classification of the Printed Board Assembly (MAU) ROJ 212 206/1 remains the same as cited within amended Ruling NY F86304 repeated in its entirety with corrections below.

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 a Printed Board Assembly (MAU) ROJ 212 206/1. The Printed Board Assembly (MAU) ROJ 212 206/1 is part of Ericsson’s telecommunications switch, commonly referred to as the AXE 10, or simply “AXE”. The MAU ROJ 212 206/1 is located in the Maintenance subsystem (MAS) of the control system (APZ). The MAS supervises the operation of the central processor (CP), which is designed in a redundant fashion, duplicating the hardware into side A and side B and takes appropriate action if faults occur. It is the MAU that controls the recovery when a fault is detected in the CP. If a fault occurs, the microprocessor controlled MAU automatically isolates the faulty side (A or B) and hands over traffic handling responsibility to the other side. For diagnostic support purposes the control system records and preserves the fault data so preventative maintenance can be performed.

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 Printed Board Assembly (MAU) ROJ 212 206/1 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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