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NY R00960




November 17, 2004

CLA-2-85:RR:NC:MM:109 R00960

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.80.2000

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 CN 2101 product from an unspecified country

Dear Mr. Mastroberti:

In your letter dated October 18, 2004, you requested a tariff classification ruling.

This ruling concerns the classification of a CIENA CN 2101 product. The CN 2101 product(s) are Hardened CWDM filters with WaveSplicer technology.

The descriptive literature submitted states that the CN 2101 Hardened CWDM filters take the concept of field splicing to the next level. Based on CIENA’s WaveSplicer thin-film filter technology, the CN 2101 enables service providers to manipulate individual wavelengths in the field, effectively “splicing waves” instead of whole fibers. This new flexibility means that fewer fibers are required to carry services to multiple customer buildings, providing better utilization of the fiber plant.

The WaveSplicer CWDM filters are specifically designed to operate over an extended temperature range for outside plant applications. An environmentally hardened enclosure, compliant to Telcordia GR-771-CORE, houses the filters and fiber splices, providing watertight and airtight protection. The CN 2101 product is ideal for inexpensive bi-directional last mile connections of customer premises not directly on a main fiber route. Service providers can use the CN 2101 to peel off one or several wavelengths from the access fiber bus in order to feed these buildings.

The applicable subheading for the CIENA CN 2101 product will be 8517.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphyOther apparatus: Telegraphic.” 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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