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NY G85043




December 27, 2000

CLA-2-84:RR:NC:1:110 G85043

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.1000

Mr. Craig M. Schau, LCHB
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of "Stackable Ethernet Switch" ES-1200 and "Stackable Ethernet Switch (Slave Unit)" ES-1210 from Taiwan.

Dear Mr. Schau:

In your letter dated November 27, 2000, on behalf of your client Marconi Communications, you requested a tariff classification ruling.

The merchandise under consideration is the ES-1200 Stackable Ethernet Switch and the ES-1210 Stackable Ethernet Switch (Slave Unit). As described in you letter and attached literature, the ES-1200 Ethernet Switch is a Local Area Network (LAN) Ethernet Switch. Ethernet switches segment a LAN into many parallel-dedicated lines that can enable a contentionless, scalable architecture. Base configuration has 20 10/100 Base-TX ports with capabilities for 2 mini expansion modules to allow twenty-two (22) switch ports total for each unit. Up to three slaves can be run from a single ES-1200 expanding it to reach a total of ninety-four (94) Fast Ethernet ports.

The ES-1210 is the slave unit for the ES-1200. It is only sold as an add-on unit and cannot operate independently. The ES-1210 Slave Unit extends the total connection ports of the ES-1200. Application of this add-on unit expands the base system capabilities 2.4 Gbps. This unit has mini expansion port capabilities also. Up to three ES-1210 units can be connected to one (1) ES-1200 Ethernet Switch. These two products are wire-speed, non-blocking switches that can support Fast Ethernet and Gigabit Ethernet ports. Both switches can be used as end-user connections or as a switch between hubs. The switch is capable of being configured from any PC within the network and can also be utilized by a network administrator to analyze and monitor network flow.

Clarification of the descriptive literature submitted with your ruling request was provided in a telephone conference on December 19, 2000, with Mr. Robert Kirsh, Product Certification Engineer for Marconi Communications. These switches are used in a corporate type Local Area Network (LAN). It does not have Wide Area Network (WAN) capability. Product range is up to 260 meters depending on media type. Noting Legal Note 5(B) to Chapter 84 of the Harmonized Tariff Schedule of the United States (HTS), both the ES-1200 and the ES-1210 (Slave Unit) meet the definition of a "unit" of an ADP system.

The applicable subheading for the ES-1200 Stackable Ethernet Switch and the ES-1210 Stackable Ethernet Switch (Slave Unit) will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof Other units of automatic data processing machines: Control or adapter 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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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