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NY M87395




October 26, 2006

CLA-2-85:RR:NC:N1:112 M87395

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9300

Patricia A. Powers
Global Compliance Manager,
Agere Systems
1110 American Parkway NE
Room 10A-271C
Allentown, PA 18109-9137

RE: The tariff classification of an integrated circuit from an unidentified country

Dear Ms. Powers,

In your letter dated October 10, 2006, you requested a tariff classification ruling.

The item concerned is the MA1080. It is a multichip, integrated circuit that serves as both an analog and digital baseband processor for use in mobile telephones.

The applicable classification subheading for the MA1080 will be 8543.89.9300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus, having individual functions, not specified or included elsewhere ... : Other apparatus: Other: Other: Other: Multichip integrated circuits ”. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

Pursuant to Title 19, Section 3005 of the United States Code, the Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005c of the Code, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly, based on that recommendation, it is anticipated that your merchandise will be classified in subheading 8542.31.0500 of the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification in the 2007 Tariff is advisory only.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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