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NY L80576




November 22, 2004

CLA-2-85:RR:NC:MM:109 L80576

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 1696 Optinex Metro Span Telecommunication Equipment” from an unspecified country

Dear Mr. Pisani:

In your letter dated October 25, 2004, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks.

This ruling concerns the classification of ”Alcatel 1696 Optinex Metro Span Telecommunication Equipment.”

The descriptive literature submitted states that the “Alcatel 1696 Optinex Metro Span Telecommunication Equipment” functions utilizing specifically the Optical (Transmission) Amplifier Cards by optimizing the amplification performance of aggregate data transmission. The 1696 performs this function irrespective of the number of communication channels being operated or the variances in signal integrity experienced over the communication link. In this way, it achieves a constant amplification performance based upon the telecommunication system configuration.

The Alcatel 1696 Metro Span is designed to meet the requirements of Metropolitan Core and Access telecommunication markets. It is the versatile, compact and scalable (up to 32 telecommunication channels) metro DWDM telecommunication platform supporting a broad range of aggregate data rates for application in

Non-amplified Telecommunication Systems,
Intra-City Telecommunication Networks,
Amplified Telecommunication Systems for large Metropolitan Networks.

The Alcatel 1696 Metro Span supports variable rate transmission (optical) interfaces, capable of accepting a broad range of data rates, from 100 Mb/s up to 10Gb/s. The system transports a wide variety of SDH and data signals, i.e. STM-1, 4, 16, and 64, ATM, IP, ESCON, GbEthernet, FDDI, Fiber Channel, and Digital Video.

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 an “Alcatel 1696 Optinex Metro Span Telecommunication Equipment” 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 1696 Optinex Metro Span Telecommunication Equipment” 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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