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NY R04149




July 7, 2006

CLA-2-90:RR:NC:MM:114 R04149

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 Lightwave Multimeter

Dear Mr. Roll:

In your letter dated June 8, 2006, on behalf of Alcatel Submarine Networks, you requested a tariff classification ruling. Descriptive literature on the Agilent Lightwave Multimeter – Model 8163B was submitted with the ruling request.

The Lightwave Multimeter – Model 8163B is a high performance optical multimeter for the characterization and evaluation of optical components. Its modular format makes it flexible to meet changing needs when measuring optical power, power loss, or return loss for single or multimode components. According to the literature provided, the Agilent 8163B mainframe Lightwave Multimeter system includes the mainframe and a variety of plug-in modules including single or dual channel power meters, single or dual wavelength fixed or tunable sources, loss test sets and return loss test sets.

You have proposed classification for the Lightwave Multimeter – Model 8163B under heading 9030, Harmonized Tariff Schedule of the United States (HTSUS), however, the Lightwave Multimeter is properly classified under heading 9027.

The applicable subheading for the Lightwave Multimeter – Model 8163B will be 9027.50.40, 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 and apparatus 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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