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NY N006831




February 23, 2007

CLA-2-85:RR:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.62.0010

Ms. Patricia A. Powers
Global Compliance Manger
Agere Systems Inc.
1110 American Parkway, NE
Room 10A-271C
Allentown, PA 18109

RE: The tariff classification of a DAA1040 from an unspecified country

Dear Ms. Powers:

In your letter dated February 6, 2007 you requested a tariff classification ruling.

The merchandise subject to this ruling is identified within your letter as a DAA1040. The DAA1040 is a complete, high-voltage side, single package world-wide homologated DAA (Data Access Arrangement) Modem module, which is based on Agere’s CSP 1040 Silicon DAA Codec.

The descriptive literature refers to the DAA1040 as a fully molded and separated land grid array (FSLGA). In layman’s terms, the final package is fully molded and separated land grid array. During assembly the components, such as an integrated circuit, capacitors, resistors, etc., are mounted onto a printed circuit board, which is in strip form. The board strip, which is now populated with components, is then molded and sawn apart and separated into individual units/modules. Upon importation, it is a complete device/module, which substitutes for other integrated circuits. It can be integrated (soldered) onto notebook or desktop motherboards in a variety of form factors. Two samples were furnished. One was a sample of the exposed components/board, prior to molding. The other sample was the complete molded DAA1040 device. Both samples are being returned to you as per your request.

The applicable subheading for the DA1040 will be 8517.62.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines for the reception, conversion, transmission or regeneration of voice, images or other data, including switching and routing apparatus: Modems, of a kind used with data processing machines of heading 8471.” 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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