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NY I88145




November 27, 2002

CLA-2-90:RR:NC:MM:114 I88145

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.9000

Mr. Terry L. VanderWert
APA Optics, Inc.
2950 North East 84th Lane
Blaine, Minnesota 55449

RE: The tariff classification of planar waveguide splitter modules

Dear Mr. VanderWert:

In your letter dated October 30, 2002 you requested a tariff classification ruling.

The planar waveguide splitter module is a passive component of an optical network used to uniformly distribute an optical input among several outputs. The device consists of a splitter chip and optical fibers. There is one input fiber and multiple output fibers attached on two ends of the splitter chip. The planar waveguide splitter operates in the wavelength range of 1260 nanometers to 1600 nanometers. The fiber type is compatible with Corning single mode fiber 28. The application for the device is in broadcast applications such as fiber-to–the-business and fiber-to-the-home where a given signal is distributed to several businesses or homes.

The applicable subheading for the planar waveguide splitter module will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments, other devices, other. The rate of duty will be 4.5 percent ad valorem.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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