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NY R04666




October 6, 2006

CLA-2-85:RR:E:NC:MM:109 R04666

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.80.2000

Ms. Nora A. Becker
Import/Export Manager
Powerwave Technologies, Inc.
1801 E. St. Andrew Place
Santa Ana, CA 92705

RE: The tariff classification of tower mounted diplexers (TMDs) from Estonia

Dear Ms. Becker:

In your letter, which was received on October 4, 2006, you requested a tariff classification ruling.

The merchandise subject to this ruling is tower mounted diplexers (TMDs). The TMDs are a necessary part of an antenna system for mobile telecommunications. The TMDs work in conjunction with base stations and antennas with cables for connection between the base station, diplexer and antenna. They are stand-alone (separate) devices that can be mounted on the ground close to the base station or in the tower close to the antenna. The diplexer combines two systems (two frequency bands) to enable the use of one common feeder cable for both systems. The antenna is the transmission/reception device they work with. The TMDs filter out unwanted frequencies and allow only certain frequencies to pass within unwanted frequencies and allow only certain frequencies to pass within a wireless transmission path. They do not further transmit radiotelephonic signals. These filters are passive components, they do not amplify signals, they merely pass or transfer the frequencies they are made for and reject other frequencies. They transfer the inband signals without amplifying or changing the signal.

You suggested Harmonized Tariff Schedule (HTS) subheading 8525.90.8600 or 8525.90.9900, Harmonized Tariff Schedule of the United States (HTSUS). Those HTS numbers do not appear in the Tariff Schedule. It is presumed that they contain typographical errors. This office believes that the proper HTS number that you meant to suggest are 8529.90.8600 or 8529.90.9900. HTS 8525.90.86, provides for “Parts suitable for use solely or principally with the apparatus of heading 8525 to 8528: Other: Other parts of articles of heading 8525 and 8527, except parts of cellular telephones: Other" and 8529.90.9900, Harmonized Tariff Schedule of the United States (HTSUS), provides for “Parts suitable for use solely or principally with the apparatus of heading 8525 to 8528: Other: Other: Other.” However, the TMDs work via a line connection (cables) from the base station to the antenna. Explanatory Note (EN) 85.25 excludes a line connection for signal processing. Therefore, classification of the TMDs under heading 8525 is inapplicable. As such, the TMDs are considered telegraphic (voice, video, data, images, etc.) communications wide area network (WAN) devices classifiable within heading 8517.

The applicable subheading for the Tower Mounted Diplexers (TMDs) will be 8517.80.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ Other apparatus for carrier-current line systems or for digital line systems: Other: Telegraphic: Other.” 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).

Pursuant to title 19 United States Code, Section 3005 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 3005 c, 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 8517.69.0030 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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