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NY N022223





February 26, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.62.0050

Mr. Marcus J. Gillings
Import/Export Analyst
CIENA
920 Elkridge Landing Road
Linthicum, MD 21090-2917

RE: The tariff classification of a multi-port wavelength switch from China

Dear Mr. Gillings:

In your letter dated October 24, 2007, which was received by this office on January 22, 2008 you requested a tariff classification ruling.

The merchandise subject to this ruling is a multi-port wavelength switch. It is identified within your submission as Ciena MWS100 1x9 MWSWC190C0602R5. This multi-port wavelength switch is a 1x9, C-Band, 100 GHz configured 1x9 bi-directional fail-to-port 5 (FT5). Its application is as a single/multiple channel blocking, wavelength routing and channel equalization device that will be used on CIENA Corporation’s CN 4200 ROADM (Reconfigurable Optical Add/Drop Multiplexer) DWR (Dynamic Wavelength Router) module, which allows for control over the optical path that network operators utilize in the transmission and reception of data.

The applicable subheading for the multi-port wavelength switch (Ciena MWS100 1x9 MWSWC190C0602R5) will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other apparatus for transmission ore reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing 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).

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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