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NY N003160





November 20, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.30.5000

Ms. Jean E. Moore
Traffic Analyst
Ericsson Inc.
3000 Marconi Drive
Warrendale, PA 15086-7502

RE: The tariff classification of the ASX-4000 ATM Backbone Switch - Enterprise from the United Kingdom

Dear Ms. Moore:

In your letter dated November 2, 2006, you requested a tariff classification ruling.

The merchandise subject to this ruling is described in your letter as an ASX-4000 ATM Backbone Switch-Enterprise. It is the core backbone component in an entire network solution that includes edge backbone switches, workgroup switches, local area network (LAN) switches, multi-layer LAN switches and wide area network (WAN) access devices. It is capable of handling video and voice and utilizes OC/SONET/SDH standards. Its infrastructure provides a complete solution for the migration and scalability of existing large enterprise LANs and WANs, as well as that of new public service provider networks.

The applicable subheading for the ASX-4000 ATM Backbone Switch - Enterprise will be 8517.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephonic or telegraphic switching apparatus: 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 8517.62.00 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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