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NY R00827




October 6, 2004

CLA-2-85:RR:NC:MM:109 R00827

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.30.5000

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 CIENA DN 7000 Series Multiservice Edge Switching Platform from an unspecified country

Dear Mr. Mastroberti:

In your letter dated September 15, 2004, you requested a tariff classification ruling.

This ruling concerns the classification of CIENA’s DN 7000 Series Multiservice Edge Switching Platform. The 7000 Series product family falls into the metropolitan level of telecommunications switching equipment used to direct large volumes of phone and data traffic over fiber optic lines.

The descriptive literature submitted for the CIENA DN 7000 Series Multiservice Edge Switching Platforms describes this product family as offering service switching capabilities across the entire network span, from modern data-aware access networks to the traditional edge of the core. Service providers can deploy right-sized solutions based on customer demand and service area density. The DN 7000 series delivers native frame relay, ATM, Ethernet, Circuit Emulation Services (CES), and Multi-Protocol Label Switching (MPLS) functionality. It also allows service providers to protect and expand their current Layer 2 investments, and migrate their existing services to IP-MPLS based converged backbones.

CIENA’s DN 7000 series delivers 6-nine (pp.9999%) carrier-class reliability, industry-leading scalability and cost-effective deployment for revenue generating services. Its telephony-grade operating system enables software upgrades and downgrades to be performed without disrupting service.

The DN 7000 series includes four models that share common hardware and software. Through software-only configurations, this product family’s interfaces can be independently provisioned to run in ATM or IP/MPLS mode, allowing for seamless and cost-effective migration to converged backbones. Each model supports a wide variety of interfaces and protocols that scale from DSO to OC-48/STM-16 speeds, and support for 10/100 Gigabit Ethernet.

Your letter suggested HTS 8517.50.9000, which provides for “Other apparatus, for carrier-current line systems or for digital line systems: Other: Telegraphic” Other.” However, CIENA’s DN 7000 Series Multiservice Edge Switching Platform is telecommunications switching equipment, classifiable within subheading 8517.30 as telegraphic (voice and data) switching apparatus.

The applicable subheading for the CIENA DN 7000 Series Multiservice Edge Switching Platform will be 8517.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Telephonic or telegraphic switching apparatus: 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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