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NY N025942





April 11, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.62.0050

Mr. Marcus J. Gillings
Import/Export Analyst
Ciena Corporation
1201 Winterson Road
521 McCormick Drive
Linthicum, MD 21090

RE: The tariff classification of Ciena’s CN 2110 from an unspecified country. Correction to Ruling Number M81205

Dear Gillings:

This replaces New York Ruling Number N025537, dated April 9, 2008, which contained a typographical error. The merchandise subject to that ruling was Ciena’s CN 2110. However, in that ruling, it was referred to as Ciena’s CN 2100. The correct item is Ciena’s CN 2110. This was brought to our attention by a telephone call that you placed to this office on April 10, 2008. At that time, you also requested that the item be described as a dispersion compensation module as opposed to its original description as a dispersion compensator. A complete corrected ruling follows.

In your letter dated April 1, 2008 you requested a tariff classification ruling.

The merchandise subject to this ruling is Ciena’s CN 2110. This merchandise was previously ruled upon providing the classification of the merchandise based on the Harmonized Tariff Schedule of the United States of America (HTSUS) in effect prior to February 3, 2007. This ruling provides the classification in effect as of February 3, 2007.

The descriptive literature submitted states that the CN 2110 is an entirely passive, dispersion compensation module used to extend the reach of DWDM transmission systems within a telecommunications system by cancelling the effect of chromatic dispersion in the transmission fiber. It is housed in a compact, rack-mounting, 1RU (1.69” (43mm)) enclosure. Using field-proven dispersion compensating fiber, the CN 2110 nullifies the effects of chromatic dispersion. Its negative dispersion slope is engineered to cancel the effects of chromatic dispersion for all C-band wavelengths.

The applicable subheading for Ciena’s CN 2110 will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "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 Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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