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NY L80225




November 19, 2004

CLA-2-85:RR:NC:MM:109 L80225

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000

Mr. Robert Pisani, Esq.
Pisani & Roll
1717 K Street NW
Suite 600
Washington, DC 20036

RE: The tariff classification of an “Alcatel ASN Submerged R2 Passive Shape Equaliser Unit (SEQ)” from an unspecified country

Dear Mr. Pisani:

In your letter dated October 11, 2004, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks.

This ruling concerns the classification of an “Alcatel ASN Submerged R2 Passive Shape Equaliser Unit (SEQ)”.

The descriptive literature submitted states that the “Alcatel ASN Submerged R2 Passive Shape Equaliser Unit (SEQ)” is designed for telecommunications systems utilizing submerged equipment. The SEQ is a hybrid of optical and mechanical systems that forms part of a submarine telecommunication system for use in transmission of aggregate data. The SEQ is of an Alcatel generic design and includes features that allow the configuration of the SEQ to suit a given system. The SEQ is inserted in a submerged telecommunication system where an equalizaion of the residual gain/wavelength non-linearity, which accumulates when the signal is transmitted through a chain of submerged amplifiers, is required to optimize the overall system transmission. Design information for specific systems is calculated close to the time of system construction. The SEQ is modular in construction, modules are configured in pairs on a common internal assembly (boat), and several boats can be incorporated to operate with up to 8 fiber pairs. The SEQ passes power feed current without any significant voltage drop.

Your letter suggested HTS 8517.50.5000, which provides for “Electrical apparatus for line telephony or line telegraphyOther apparatus, for carrier-current line systems or for digital line systems: Other: Telephonic.” With respect to this subheading, “telephonic” apparatus involves the transmission of speech (voice) or other sounds between two points. However, the SEQ is used in the transmission of aggregate data, in addition to the transmission of speech or other sounds. As such, it is considered “telegraphic” apparatus, which is provided for within subheading 8517.50.90, as “telegraphic” apparatus.

The applicable subheading for the “Alcatel ASN Submerged R2 Passive Shape Equaliser Unit (SEQ)” 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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