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NY H85716




December 17, 2001

CLA-2-85:RR:NC:MM:109 H85716

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000

Mr. Craig Schau
Att’y – In – Fact/Corporate Manager, Customs compliance Services Emery Customs Brokers
6040A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of a “Sphericall Manager” from the United Kingdom

Dear Mr. Schau:

In your letter dated November 27, 2001, you requested a tariff classification ruling on behalf of Marconi Communications of Warrendale, Pennsylvania.

The merchandise is described in your letter as a “Sphericall Manager.” It is a network controller that is similar in function in most respects to a network server. The controller is the backbone of the Sphericall System, which is designed to manage network needs from voice and data simultaneously. It provides voice needs over data needs intelligently and in real time. Some of its key features are that it connects to existing voice mail and other applications, it interfaces with ATM or Ethernet network, VLAN and QoS support. As the literature provided states: “it provides a reliable, stable and cost-effective platform for telephony.” It is a superior alternative to an IP-enabled traditional PBX. It offers the full benefit of IP convergence and integration with applications such as Outlook, NetMeeting, Notes and the World Wide Web. It can expand existing PBX installations and provide tandem switching for traditional PBX’s without further investment in proprietary PBX technology. Its compatibility allows it to adapt to the future of broadband communication services. Softswitch technology, when deployed in new public networks, will enable service providers to offer new services that will transform telephony into multimedia communications.

The applicable subheading for the “Sphericall Manager” will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other apparatus, for carrier-current line systems or digital line systems: Other: Telegraphic: Other.” 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 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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