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NY I82938




July 2, 2002

CLA-2-85:RR:NC:MM:109 I82938

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000

Mr. George R. Tuttle
Law Offices
George R. Tuttle
Three Embarcadero Center
Suite 1160
San Francisco, CA 94111

RE: The tariff classification of an optical communications networking system from Australia

Dear Mr. Tuttle:

In your letter dated June 10, 2002, you requested a tariff classification ruling on behalf of Redfern Broadband Networks, Inc. (“RBN”) of Wilmington, Delaware.

The merchandise is described in your letter as the RBNi 8200 Optical Communications System. It is an optical communications networking system (or “node”) and is sold to communications network carriers and service providers. The RBNi 8200 utilizes a digital line lightwave communication system and employs telegraphic principles (voice, video, and data) to provide its primary function of optical multiplexing and transmission of customer data. This is done with the use of Coarse Wavelength Division Multiplexing (CWDM) techniques, lasers for electronic-to-optical data conversion, and photodiodes for optical-to-electronic data conversion.

The composition of the RBNi 8200 Optical Communications System is 1 to 2 Network Interface Modules (NIMs), 1 to 4 Tributary Interface Modules (TIMs), and an Enclosure or Housing. The number of NIMs and TIMs being imported with the system will vary based on customer needs. The NIMs, TIMs, and Enclosure have no independent application. They may be imported as unassembled modules, but will still constitute the complete RBNi 8200 system.

The NIM is a module housed in a metal case with various connectors used to provide optical and electrical communications interfaces, management interfaces and power interfaces, and LEDs used to provide visual status indications. The NIM has a heatsink at the rear of the module for heat dissipation. The NIM contains three printed circuit board subassemblies, and one CWDM subassembly.

The TIM is a module housed in a metal case with connectors used to provide optical and electrical communications interfaces, and LEDs used to provide visual status indications. The TIM contains two printed circuit board subassemblies.

The Enclosure or Housing is the chassis used to house NIMs and TIMs. The Enclosure is used to mount the RBNi 8200 system (or node) within a rack, or as a standalone unit. The Enclosure consists of metalwork, and a printed circuit board subassembly providing the system’s backplane. At the rear of the Enclosure, there is a heat sink for heat dissipation, and power and earthing connectors.

As a digital line system that uses telegraphic principles for light-wave communication, the RBNi 8200 contains a focusing lens in its laser diode module to focus a beam for coupling it with a fiber optic cable. In doing so, the lens is used for a purpose subsidiary to the system’s primary purpose of multiplexing and transmission of communication. As a result, the RBNi 8200 is not classifiable under Heading 9013 as an optical instrument or apparatus because Note 3 to Chapter 90, excludes optical elements (e.g., lenses, mirrors, etc.) that are used solely for a subsidiary purpose.

The applicable subheading for the RBNi 8200 Optical Communications System, will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other apparatus, for carrier-current line systems or for 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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