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NY R00696




August 25, 2004
CLA-2-85:RR:NC:MM:109 R00696

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000

Mr. Michael John Mastroberti
Director of Import/Export Compliance
CIENA Corporation
1201 Wintersion Rd
C2, 2 East
Linthicum, MD 21090-2203

RE: The tariff classification of a CIENA CoreStream Agility Dense Wavelength Division Multiplexing System from an unspecified country

Dear Mr. Mastroberti:

In your letter dated August 12, 2004, you requested a tariff classification ruling.

This ruling concerns the classification of a CIENA CoreStream Agility Dense Wavelength Division Multiplexing System. This system is a core telecommunications product used by service providers to move large volumes of phone, video, and data traffic over fiber optic lines.

The descriptive literature submitted states that the CIENA CoreStream Agility Optical Transmission Systems delivers Dense Wavelength Division Multiplexing (DWDM) transport capacity of 2 Tb/s over a single fiber in the C-Band alone. Designed for service providers requiring scalable capacity, design flexibility, and network automation, CoreStream Agility has an open architecture that enables efficient transport of voice, video, and data.

CoreStream Agility has a modular DWDM architecture, which allows incremental, in-service capacity upgrades. Wavelengths can be a mix of 2.5 Gb/s or 10 Gb/s optical interfaces. CoreStream Agility’s channel interfaces support standard Synchronous Optical NETwork/Synchronous Digital Hierarchy (SONET/SHD) rates, and its transparent multiplexers support the aggregation of data rates down to OC-12. CoreStream Agility’s product family contains optical terminals, amplifiers, and add/drop multiplexers, so service providers can tailor a system to meet their unique route requirements. CoreStream Agility terminals provide flexible connectivity and reduce the cost of Asynchronous Transfer Mode (ATM), Internet protocol (IP), and SONET/SDH equipment.

Your letter suggested HTS 8517.80.2000, which provides for “Other apparatus: Telephonic, Other.” However, the CIENA CoreStream Agility Dense Wavelength Division Multiplexing System is a multiplexer, handling voice, video, and data (telegraphic), classifiable within subheading 8517.50 as other apparatus, for carrier-current line systems or for digital line systems.

The applicable subheading for the CIENA CoreStream Agility Dense Wavelength Division Multiplexing System 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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