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NY R02964





January 5, 2006

CLA-2-90:RR:NC:MM:114 R02964

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.50.40

Mr. Michael E. Roll
Pisani & Roll
1875 Century Park East
Suite 600
Los Angeles, CA 90067

RE: The tariff classification of Optical Spectrum Analyzer Model MS9710B

Dear Mr. Roll:

In your letter dated December 12, 2005, on behalf of your client Alcatel Submarine Networks, you requested a tariff classification ruling on an Optical Spectrum Analyzer.

The Optical Spectrum Analyzer, Model MS9710B, is a diffraction-grating spectrum analyzer for analyzing optical spectra in the 600 to 1750 nanometer wavelength range. Model MS9710B is an instrument for measuring or checking quantities of light using optical radiations. In addition to uses such as measurement of LD and LED spectra, it has functions for measuring the transmission characteristics of passive elements such as optical isolators, as well as the NF/Gain of optical fiber systems.

The applicable subheading for the Model MS9710B Optical Spectrum Analyzer will be 9027.50.40, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for physical or chemical analysis; instruments and apparatus for measuring or checking quantities of heat, sound or light; other instruments using optical radiations (ultraviolet, visible, infrared); electrical. 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 HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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