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NY H89812




March 27, 2002

CLA-2-90:RR:NC:MM:114 H89812

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.50.4060

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification of fiber optic test equipment from Canada

Dear Mr. Kavanaugh:

In your letter dated March 15, 2002, on behalf of Exfo Electro-Optical Engineering, you requested a tariff classification ruling.

The FTB-5240/FTB-5240B Optical Spectrum Analyzer (OSA) is a portable analyzer which operates in the 1250 to 1650 nanometer wavelength range. It is used to monitor DWDM (dense wavelength division multiplexer) fiber optic systems. The OSA pushes light that has been converted into an electrical signal through the fiber optic cable and allows the operator to measure the quantity of light that travels through the fiber.

The applicable subheading for the FTB-5240/FTB-5240B Optical Spectrum Analyzer will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for measuring or checking quantities of heat, sound or light; other instruments and apparatus using optical radiations (ultraviolet, visible, infrared); electrical, 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).

You have also requested a tariff classification ruling on the FB-400 Universal Test System. We are unable to issue a ruling without additional information. The descriptive brochure on the FB-400 indicates that the TB-400 is a multitesting device that can perform a wide range of tests such as monitoring wavelength channels within a fiber, DWDM analysis; optical time domain reflectometer (OTDR) testing on long-haul fiber, etc.

Does the FB-400 perform any type of electrical testing? Or does the FB-400 platform perform only measurements of quantities of light? If the platform performs any type of electrical testing, what module(s) perform the electrical tests? Also, of what components does the FB-400 platform consist (before any of the test modules are combined with the platform)?

When this information on the FB-400 is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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