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NY N008977




April 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.69.0000

Mr. Walter Wilkett
Sr. Regulatory specialist
FedEx Trade Networks
#8 14th Street
P.O. Box 1738
Blaine, WA 98231-1738

RE: The tariff classification of low noise block down converters and transmitters from an unspecified country

Dear Mr. Wilkett:

In your letter dated March 23, 2007 you requested a tariff classification ruling on behalf of Norsat International Inc.

The merchandise subject to this ruling is low noise block down converters and transmitters. They are used in a completely closed proprietary network (in a mainframe-based administrative system) as parts for transmission or reception of voice, images or other data, including apparatus for communication in a wireless network. As such, the low noise block down converters and transmitters are one-to-one closed communication devices for radiotelephony (wireless) communications and not devices used for radiobroadcasting over a broad geographic area, with the intention of reaching a broad audience, such as in a one-to-many system, which is open to all.

Each converter and transmitter, along with an OMT (ortho mode transducer), antenna feed horn, and other components make up an ODU (outdoor unit) because it is normally mounted on the antenna.

The low noise block down converters are of four signal band frequency types delineated as the Ku-Band, the C-Band, the Ka-Band, and the X-Band. All of these devices are designed to convert and modulate carrier frequency signals of voice, data or audio, received from a satellite. Each converts to a lower frequency, amplifies, and further transmits the signal for final disposition. The Ku-Band frequency types are denoted as Models 1000X, 1000H, 15000L, 4000, 2000. The C-Band frequency types are denoted as Models 3000X, 3000, 8000, and 8000I. The Ka-Band frequency types are denoted as Models 9000X, 9000H, and 9000. The X-Band frequency types are denoted as Models XT1000 and X1000HA.

The transmitters, which are used in a completely closed proprietary network to send voice, images or other data, include inverted and non-inverted transmitters that operate at the Ku-Band, the extended Ku-Band, the C-Band, and the Ka-Band. The Ku-Band frequency types are denoted as Models 1020XRT (Inverted), 1021XRT (Non-Inverted), 1041XRTE (Non-Inverted), 1081XRT (Non-Inverted), 1220XRT (Non-Inverted), 1220XRTL (Non-Inverted), 1240XRT (Non-Inverted) and 8W. The extended Ku-Band frequency type is a 13.75 GHz-14.50HGz transmitter. The C-Band frequency types are denoted as Models 3020XPT (Inverted), 3050XPT (Inverted), 3100XPT (Non-Inverted), and 10W. The Ka-Band frequency type is denoted as Model 7020ST (Non-Inverted).

The applicable subheading for the low noise block down converters and transmitters will be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide are network): 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).

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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