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NY L80227




November 19, 2004

CLA-2-85:RR:NC:MM:109 L80227

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 Remote Optically-Pumped Amplifier (Joint Box Housing)” 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 Remote Optically-Pumped Amplifier (Joint Box Housing).”

The descriptive literature submitted states that the “Alcatel Remote Optically-Pumped Amplifier (Joint Box Housing)” is for use with telecommunications systems utilizing submerged equipment. The Joint Box Housing is designed to allow laying, recovery and re-laying in a submerged environment with no degradation in mechanical, optical and electrical performance. The dimensions depend on the type of sea cable. The Joint Box Housing can terminate all lightweight and armoured cable designs, with load transfer through a flexible coupling. The tensile and torsional strengths of the housing are several times greater than that of the highest strength cable.

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 “Alcatel Remote Optically-Pumped Amplifier (Joint Box Housing)” 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 an “Alcatel Remote Optically-Pumped Amplifier (Joint Box Housing)” 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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