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NY R01679




April 15, 2005

CLA-2-90:RR:NC:MM:114 R01679

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.9000

Mr. Keith Alan O’Leary
Vastera
268 Bath Road
Slough, Berkshire
SL1 4DX
United Kingdom

RE: The classification of fixed and variable optical attenuators from Japan

Dear Mr. O’Leary:

In your letter dated March 22, 2005, on behalf of Nortel Networks, you requested a tariff classification ruling.

The optical attenuators are used in wideband OC transmission systems. They are specifically designed to Nortel’s specifications. Descriptive literature was furnished on the Amphenol Fiber Optic Products attenuator product line consisting of fixed and variable optical attenuators. An attenuator is a device that precisely reduces an optical signal from point-to-point. The Amphenol line consists of plug style absorption fixed attenuators, in-line scattering fixed attenuators and air-gap variable attenuators. According to the literature, the most common use of the optical attenuator, whether fixed or variable, is in optical networks where erbium doped fiber optic amplifiers are used. The optical attenuators adjust the optical signal level increasing the network flexibility.

You have indicated that you believe the optical attenuators are classified as parts of electrical telecommunication apparatus for digital line systems under subheading 8517.90.90. The classification of fixed and variable optical attenuators used in telecommunications equipment to reduce the intensity of infrared light transmitted by optical fibers has been addressed in several previous rulings. Headquarters ruling 966076 dated February 21, 2003 classified Nortel’s fixed attenuators as other optical appliances and instruments in heading 9013. Headquarters rulings 084356 dated June 2, 1989, classified variable optical attenuators used in the telecommunications industry in heading 9013, noting Note 1 (m) to Section XVI of the HTSUSA, which states that Section XVI does not cover articles of chapter 90. Section 16 includes chapters 84 and 85 of the Harmonized Tariff Schedule.

The applicable subheading for the fixed optical attenuators and the variable optical attenuators used in telecommunications equipment will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; other devices, appliances and instruments, other. The rate of duty will be 4.5 percent ad valorem.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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