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NY R02829





December 5, 2005

CLA-2-85:RR:NC:N1:109 R02829

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000

Mr. Stewart J. Thompson
Sr. Trade Consultant
JDSU (JDS Uniphase Corp.)
3000 Merivale Road
Ottawa, Ontario K2G 6N7 Canada

RE: The tariff classification of optical amplifier modules (OAMs)/circuit packs from China

Dear Mr. Thompson:

In your letter dated November 10, 2005, you requested a tariff classification ruling.

This ruling concerns the classification of six different series of JDS Uniphase’s optical amplifier modules (OAMs)/circuit packs. They are the OA 400 Amplifier Series, the OA 450 Amplifier Series, the OA1000 Amplifier Series, the OA 3500 Amplifier Series, the OA 4500 Amplifier Series, and the CPA EDFA Series. Although these modules are called “optical” amplifier modules, they do not contain optics, which are used in optical appliances. Rather, they are devices used solely in long-haul telecommunication line systems for the transmission of voice, video, and data.

The JDS Uniphase OA 400 Amplifier Series provides C-band optical amplification in an economical and compact package. It is designed for used in dense wavelength division multiplexing (DWDM) long-haul telecommunication systems, at points where the signal is not multiplexed, for the transmission of voice, video, and data. It can also be used in edge or access networks, where gain flattening is not required.

The JDS Uniphase OA 450 Amplifier Series is a controlled optical amplifier delivered in a compact and economical package. It is designed for use in either single channel or dense wavelength division multiplexing (DWDM) networks of long-haul telecommunication systems for the transmission of voice, video, and data.

The OA1000 Amplifier Series provides the features and functionality of custom-designed erbium doped fiber amplifiers (EDFAs) in a compact and economical package. It has been designed to address the new, higher capacity (higher channel count of 40 Gb/s) long-haul telecommunication system designs, as well as the low cost metro add/drop amplification requirements, for the transmission of voice, video, and data.

The JDS Uniphase OA 3500 Amplifier Series is a controlled optical amplifier that features variable gain, mid-stage access, and transient suppression. The maximum optical output of 20 dBm and variable gain range of 10 to 26 dB make the module suitable for pre-amplifier, inline, and booster applications in long-haul telecommunication systems for the transmission of voice, video, and data.

The OA 4500 Amplifier Series is the next step in the evolution of JDS Uniphase OA Series of platform optical amplifiers that features fast transient control, variable gain, and mid-stage access. The optical performance of this erbium doped fiber amplifier (EDFA), along with its control flexibility, makes it ideally suitable for dense wavelength division multiplexing (DWDM), long-haul, ultra long-haul, and metro applications in telecommunication systems for the transmission of voice, video, and data.

The JDS Uniphase CPA EDFA Series is a fully managed, stand-alone erbium doped fiber amplifier (EDFA) network element. The CPA Series offers one of the key technologies needed to build and expand next-generation dense wavelength division multiplexer (DWDM) and optical add/drop multiplexer (OADM) networks within telecommunication systems for the transmission of voice, video, and data.

The applicable subheading for the OA 400 Amplifier Series, the OA 450 Amplifier Series, the OA1000 Amplifier Series, the OA 3500 Amplifier Series, the OA 4500 Amplifier Series, and the CPA EDFA Series 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 Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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