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NY L80675




November 29, 2004

CLA-2-85:RR:NC:MM:109 L80675

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 Single Wavelength Transponder for Submarine Unrepeatered Systems” 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 Single Wavelength Transponder for Submarine Unrepeatered Systems.”

The descriptive literature submitted states that “Alcatel Single Wavelength Transponder for Submarine Unrepeatered Systems” 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 Single Wavelength Transponder for Submarine Unrepeatered Systems” is of an Alcatel generic design and includes features that allow the configuration of the FFU to suit a given system.

The “Alcatel Single Wavelength Transponder” is intended for use in long haul unrepeatered submarine cable systems linking networks carrying telecommunications data. For transmission over the submerged cable section, the transponder includes a Forward-Error Correction (FEC) code. This has the benefit that transmission errors, which arise in the submerged system, can be detected and corrected at the receiving terminal. The principal functions of the Alcatel Transponder are:

To manage and achieve efficient data transmission integrity through the submarine telecommunications optical fiber cable To transmit one optical signal through the submarine cable (optical fiber) To receive this signal, decode it through a Forward Error Correcting algorithm and pass it to other land based telecommunication systems.

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 Single Wavelength Transponder for Submarine Unrepeatered Systems” 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 Single Wavelength Transponder for Submarine Unrepeatered Systems” 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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