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NY I88333




December 10, 2002

CLA-2-85:RR:NC:MM:109 I88333

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.30.5000

Ms. Nicole Shallow
Director of Logistics
Innovance Networks
360 Terry Fox Drive
Kanata, ON K2K 2P5

RE: The tariff classification of Optical Switching Apparatus from Canada

Dear Ms. Shallow:

In your letter dated November 8, 2002, you requested a tariff classification ruling.

The merchandise is described in your letter as an Optical Switching Apparatus. The Optical Switching Apparatus performs switching functions for the transmission of voice and data communications. This merchandise consists of Mounting Racks, Shelves, Circuit Packs, Fiber Optic Cable, and Electrical and Ethernet Cabling. None of these individual elements function as stand-alone equipment. Instead, together, these elements create switching apparatus, which meets relevant operational standards for telecommunications equipment in carrier networks.

The Mounting Racks are 7-ft. metal frames that can hold up to 4 shelves of equipment. These Racks are certified for NEBS telecommunications environments and distribute power from external feeds to the mounted shelves.

The Shelves will house circuit packs in logical groups for various network functions (transmission, switching, route processing, etc.). It will also support fan/forced air-cooling.

The circuit packs (also referred to as “cards”). The circuit packs, which performs a variety of optical network functions, contain combinations of electronic components and optical modules, dependent on the pack type. Optical circuit packs represent those containing optical modules. Electrical circuit packs contain no optical modules.

The Fiber Optic Cable interconnects the circuit packs, which contain optical modules.

The Electrical and Ethernet Cabling manage power distribution to the Shelves and Circuit Packs. They also interconnect Local Area Network (LAN) traffic between the Shelves.

The applicable subheading for the Optical Switching Apparatus will be 8517.30.5000, HSTSA, which provides for “Telephonic or telegraphic switching apparatus: 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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