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NY L80661




November 29, 2004

CLA-2-85:RR:NC:MM:109 L80661

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 Fixed Filter Units (FFU)” from an unspecified country

Dear Mr. Pisani:

In your letter dated October 12, 2004, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks.

This ruling concerns the classification of “Alcatel Fixed Filter Units (FFU).”

The descriptive literature submitted states that “Alcatel Fixed Filter Units (FFU)” is a hybrid of optical, electronic and mechanical system that forms part of a submarine telecommunication system for use in transmission of aggregate data. The “Alcatel Fixed Filter Units (FFU)” is of an Alcatel generic design and includes features that allow the configuration of the FFU to suit a given system. The “Alcatel Fixed Filter Units (FFU)” can be installed in the Alcatel Dispersion Compensation Subrack Telecommunication Equipment to perform equalization of the transmission (optical) signal.

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 Fixed Filter Units (FFU)” 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 Fixed Filter Units (FFU)” 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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