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HQ 963238

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July 23, 2001

CLA-2 RR:CR:GC 963238 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: None

Mr. Dennis Heck
Tower Group International, Inc.
2400 Marine Avenue
Redondo Beach, CA 902781103

RE: Network Servers; Network Equipment; Principal Use; Chapter 84, Legal Note 5(B); Headings 8471 and 8517; NY 815560, revoked

Dear Mr. Heck:

This is in reference to NY 815560, dated November 2, 1995, which was issued to you on behalf of Micom Communications Corporation, classifying four models of “Marathon” Network Feeders or Nodes as automatic data processing (ADP) control and adapter units under heading 8471 of the Harmonized Tariff Schedule of the United States (HTSUS). In the course of examining similar merchandise, we now believe that the classification of the “Marathon” Network Feeders and Nodes set forth in that ruling is incorrect.

Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI, a notice was published on December 8, 1999, in the Customs Bulletin, Volume 33, Number 49, proposing to revoke NY 815560. In the proposed notice, Customs indicated that the subject merchandise did not meet the terms of Legal Note 5(B) to chapter 84, HTSUS, because they were not of a kind solely or principally used in an automatic data processing (ADP) system. While Customs received five comments in response to this notice, no commenter provided evidence of principal use for the subject merchandise.

In light of the fact that there is no evidence of principal use of the “Marathon” Network Feeders and Nodes, Customs is revoking NY 815560, issued to you on November 2, 1995. Enclosed with this decision is a copy of the
final revocation notice which outlines the factors Customs will consider in determining principal use. Should you need a ruling on this merchandise or other network equipment, you may submit a ruling request with information on principal use in accordance with Section 177.2 of the Customs Regulations [19 CFR 177.2] to the National Commodity Specialist Division, U.S. Customs Service, 6 World Trade Center, Room 423, New York, NY 10048.

EFFECT ON OTHER RULINGS:

NY 815560, dated November 2, 1995, is revoked. In accordance with 19 U.S.C. 1625(c), this revocation will become effective 60 days after its publication in the Customs Bulletin.

Sincerely,

John Durant, Director
Commercial Rulings Division

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