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NY H84886




August 29, 2001

CLA-2-90:RR:NC:MM:114 H84886

CATEGORY: CLASSIFICATION

TARIFF NO.: 9001.10.0030

Mr. William Gartner
Chief Operating Officer
Photuris, Inc.
20 Corporate Place South
Piscataway, New Jersey 08854

RE: The tariff classification of optical fiber from Denmark

Dear Mr. Gartner:

In your letter dated August 4, 2001, you requested a tariff classification ruling on an optical fiber from Denmark. You have indicated that photographs of the optical fiber were submitted with the ruling request, instead of physical samples, because of the high cost of optical fiber.

You have indicated in your letter that the subject optical fiber is identified in the industry as a Dispersion Compensating Fiber or Dispersion Compensation Module. The optical fiber consists of individually coated/sheathed optical fiber packaged or shipped on a spool with one optical connector attached to each end. The optical fiber consists of a core and cladding that are manufactured together as a single unit. The cladding is co-doped with germanium and fluorine to provide dispersion compensation. The next layer consists of a polyacrylate coating that provides protection and structural integrity to the bare glass fiber.

After optical fibers are manufactured with their protective coatings, individual fibers are wound on a metal spool. Connectors are spliced on, and a layer of silicone is applied to provide further protection and prevent unintentional fiber unwinding. The spool of optical fiber, either with or without a metal cover, will then be imported into the United States. You have indicated that the subject optical fiber is used chiefly as part of an optical transmission system carrying live voice and data traffic.

The applicable subheading for the optical fiber will be 9001.10.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for optical fibers, optical fiber bundles and cables; optical fibers; for transmission of voice, data or video communications. The rate of duty will be 6.7 percent ad valorem.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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