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NY R02238




July 29, 2005

CLA-2-90:RR:NC:MM:114 R02238

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.50.4080

Ms. Nikki M. Stilwell
NetTest North America Inc.
Center Green, Bldg. 4
6 Rhoads Drive
Utica, NY 13502

RE: The tariff classification of the CMA 50 Loss Test Set

Dear Ms. Stilwell:

In your letter dated July 7, 2005, you requested a tariff classification ruling on the CMA 50 Loss Test Set. Descriptive literature on the CMA 50 Loss Test Set was submitted with the ruling request.

The CMA 50 Loss Test Set is a fiber optic measurement device that measures quantities of light as carried within fiber optics, and uses that measurement information to ascertain certain optical characteristics of the fiber. Two CMA 50’s are used during the test, one at each end of the optical fiber being tested. The first unit sources a light signal of known wavelength into the fiber. The second unit measures the received light. The CMA 50 has two, three or four fixed wavelength sources, depending upon the configuration of the unit. It is used as a field instrument by telecom, datacom, and cable television installers and technicians and by repairmen during the installation and maintenance of optical communication fiber.

The CMA line of Loss Test Sets is designed for both attenuation and power throughput measurements on fiber optic links. According to your letter, the CMA 50 is primarily used for the measurement of light and the physical properties of an optical fiber. It measures a fiber’s attenuation, or signal loss, due to the physical composition, physical stress and impurities within the fiber.

You have suggested classification for the CMA 50 Loss Test Set under subheading 9027.30.4080, Harmonized Tariff Schedule of the United States (HTS), which provides for spectrometers, spectrophotometers and spectrographs using optical radiations (ultraviolet, visible, infrared), electrical, other. Spectrometers and the like measure wavelengths of emission and absorption spectra. The CMA 50 Loss Test Set does not perform the function of measuring the wavelength of emission and absorption spectra. Accordingly, the CMA 50 Loss Test Set is not classified as a spectrometer.

The applicable subheading for the CMA 50 Loss Test Set will be 9027.50.4080, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for physical or chemical analysis; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters) other instruments using optical radiations (ultraviolet, visible, infrared); electrical; photometers. 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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