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NY R04110





June 30, 2006

CLA-2-90:RR:NC:MM:114 R04110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.9000

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

RE: The tariff classification of Variable Optical Attenuators

Dear Mr. Roll:

In your letter dated June 5, 2006, on behalf of Alcatel Submarine Networks, you requested a tariff classification ruling. Descriptive literature on the Acterna Variable Optical Attenuator – High Performance Model OLA-15B was submitted with the ruling request.

The Variable Optical Attenuator – High Performance Model OLA-15B is an optical attenuator for single mode applications from 1260 to 1625 nanometers. Applications include bit error rate tests, determination of system margin and receiver sensitivity, and calibration of optical power meters. The Variable Optical Attenuator is designed and suitable for use in conjunction with telecommunications equipment.

The applicable subheading for the Variable Optical Attenuator – High Performance Model OLA-15B will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other optical appliances and instruments: other devices, appliances and instruments: other. The rate of duty will be 4.5 percent ad valorem.

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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