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NY K85898




June 1, 2004
CLA-2-85:RR:NC:MM:109 K85898

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000

Mr. Kenneth A. Pratt II
Manager of Sales Operations
ADVA Optical Networking, Inc.
1 International Blvd., Suite 610
Mahwah, NJ 0745

RE: The tariff classification of Fiber Service Platform 150 (FSP 150) from an unspecified country

Dear Mr. Pratt:

In your letter dated April 28, 2004, you requested a tariff classification ruling.

The merchandise is described in your letter as a Fiber Service Platform 150 (FSP 150). The FSP 150 is part of a family of optimized products that provide comprehensive optical networking solutions for the larger metropolitan area. ADVA’s products focus on the needs of enterprise and service provider customers deploying data, storage, voice, and video.

The FSP 150 is an Ethernet transport device specifically designed for access networks. Service providers deploy the FSP 150 to allow fast and efficient rollout of Ethernet services to a wide range of geographically dispersed end users. The product family consists of a demarcation unit located at the customer premises and a set of aggregation devices, which can be deployed within the access infrastructure in order to make more effective use of access and core network resources.

The FSP 150 units are based on the IEEE802.3ah (Ethernet First Mile) standard and support the lightweight Operations, Administration and Maintenance (OAM) protocol as defined within the standard. ADVA has extended this protocol to offer additional management capabilities and allow full management control of remote customer premises devices without the need for costly management overlay networks. Advanced Performance Monitoring (PM) capabilities are built into the units as a standard feature allowing operators to efficiently monitor and maintain customer service level agreements.

The FSP 150 family supports 10/100Mbit/s and Gigabit Ethernet data rates and can be used to create diverse services such as Emulated Line, Emulated LAN or Virtual Private Networks from a basic set of building blocks. Remote bandwidth management and over-subscription of aggregate ports is also supported allowing flexible network deployment with simple service upgrade.

The applicable subheading for the Fiber Service Platform 150 (FSP 150) 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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