HQ 963247 - Programmable Communication Processors PCP S240, S400, S4500, 5500; Packet Switching Backbone Node; X.25 Concentrator Node; Multiprotocol Network Access Node; Network Equipment; Principal Use; Chapter 84, Note 5(B); Headings 8471 and 8517; HQ 954093, revoked - United States International Trade Commision Rulings

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HQ 963247

July 23, 2001

CLA-2 RR:CR:GC 963247 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: None

Mr. Richard Kibler
Telematics International Inc.
1201 Cypress Creek Road
Ft. Lauderdale, FL 33309

RE: Programmable Communication Processors PCP S240, S400, S4500, 5500; Packet Switching Backbone Node; X.25 Concentrator Node; Multiprotocol Network Access Node; Network Equipment; Principal Use; Chapter 84, Note 5(B); Headings 8471 and 8517; HQ 954093, revoked

Dear Mr. Kibler:

This is in reference to HQ 954093, dated July 22, 1993, which was issued to you, classifying programmable communication processors 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 communications processors 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 HQ 954093. 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 insufficient evidence of principal use of the programmable communication processors, Customs is revoking HQ 954093, issued to you on July 22, 1993. 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:

HQ 954093, dated July 22, 1993, 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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