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NY R04201




July 14, 2006

CLA-2-85:RR:NC:1:104 R04201

CATEGORY: CLASSIFICATION

TARIFF NO.: 8515.80.0080

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

RE: The tariff classification of an optical fiber fusion splicer from an unspecified country

Dear Mr. Roll:

In your letter dated June 14, 2006 on behalf of Alcatel Submarine Networks you requested a tariff classification ruling.

The Optical Fiber Fusion Splicer – Model FSM-50 S is designed for use in the telecommunications industry to splice fiber optic cables. The portable, battery-operated device features core to core fiber alignment, quick splice, a tube heater, an arc calibration-free system and dual-directional operating systems. In addition, the splicer also incorporates two pairs each of optical observation systems and optical fiber alignment systems. The optical fibers are spliced using an arc discharge process. Typical splice time is 9 seconds when using standard SM fiber. The unit weighs 2.3 kg and its dimensions are 150 mm W x 150 mm D x 150 mm H.

In your letter, you suggest classifying the Optical Fiber Fusion Splicer – Model FSM-50 S in subheading 9027.80.4590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Other instruments and apparatus: Other: Electrical Other. However, the purpose of the device is to splice the optical fibers together. Any analysis is only to assist in aligning the fibers for proper splicing. Thus, subheading 9027.80.4590, HTSUS, would not be appropriate in this instance.

The applicable subheading for the Optical Fiber Fusion Splicer – Model FSM-50 S will be 8515.80.0080, HTSUS, which provides for Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, electron beam, magnetic pulse or plasma arc soldering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines and apparatus for hot spraying of metals or cermets; parts thereof: Other machines and apparatus Other. Assuming the Optical Fiber Fusion Splicer – Model FSM-50 S will be made in a country entitled to the rates of duty listed in the General Rates of Duty column of the HTS, the applicable 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 Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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