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NY R00938




November 9, 2004

CLA-2-85:RR:NC:MM:109 R00938

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 MetroDirector K2 Multiservice Platform from an unspecified country

Dear Mr. Mastroberti:

In your letter dated October 13, 2004, you requested a tariff classification ruling.

This ruling concerns the classification of a CIENA MetroDirector K2 Multiservice Platform. This system combines the functionality provided by standalone Digital Cross-Connect Systems (DCSs), SONET/SDH Add/Drop Multiplexers (ADMs), multiservice data switches, and DWDM terminals into a single data-optimized platform.

The descriptive literature submitted states that the CIENA MetroDirector K2 Multiservice Platform is designed for service providers seeking increased availability of data-efficient, cost-effective bandwidth. The MetroDirector K2 Multiservice Platform is NEBS Level 3 certified and meets CE mark and Homologation requirements. It has been designed to easily integrate into existing network environments and deliver superior levels of price/performance, bandwidth optimization, reliability, service flexibility, provisioning capabilities, and support for circuit-switched and data-centric transport protocols. The MetroDirector K2 Multiservice Platform has an innovative architecture that helps service providers transcend metro area gridlock, while extracting increased revenues and performance from their existing infrastructure.

The MetroDirector K2 Multiservice Platform offers scalable interfaces ranging from DS-1/E1 to OC-192/STM-64, in addition to supporting data-centric protocols such as ATM, 10/100 Ethernet, and Gigabit Ethernet. It can be deployed in a variety of network configurations, including linear, ring, and star. Its 12 interface slots enable multiple topologies for various protocols & rates, on any port, with a variety of protection schemes.

Your letter suggested HTS 8517.30.5000, which provides for “Telephonic or telegraphic switching apparatus: Other.” However, the MetroDirector K2 Multiservice Platform performs other tasks beyond that of mere switching, i.e. Digital Cross-Connecting and SONET/SDH Add/Drop Multiplexing. Therefore, the MetroDirector K2 Multiservice Platform is classifiable within subheading 8517.50, as “Other apparatus, for carrier-current line systems or for digital line systems.”

The applicable subheading for the CIENA MetroDirector K2 Multiservice Platform 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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