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NY N027719




May 16, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.62.0050

Mr. Frank Gomez
President, World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045

RE: The tariff classification of a D-Link AirPlus Xtreme G™ 2.4GHz wireless access point from Korea

Dear Mr. Gomez:

In your letter dated May 1, 2008 you requested a tariff classification ruling, on behalf of your client D-Link Systems, Inc.

The merchandise subject to this ruling is a D-Link AirPlus Xtreme G™ 2.4GHz wireless access point. The D-Link AirPlus Xtreme G™ 2.4GHz wireless access point is utilized within switches, routers, access points, and other computer products within a network, i.e., a local area network (LAN). You have furnished a sample of this item for classification purposes. The submitted sample is being returned to you as per your request.

Your letter states that the D-Link AirPlus Xtreme G™ 2.4GHz wireless access point consists of synchronous dynamic random access memory (SDRAM) chips soldered onto a printed circuit board. You raise the issue as to whether the SDRAMs are classified separately or classified as a computer network product as a whole. Based on the submitted sample, the D-Link AirPlus Xtreme G™ 2.4GHz wireless access point is a communications device that is utilized within a wireless network. The printed circuit board, to which the SDRAMs are soldered onto, is within a plastic housing that has a cable connection, a LAN port, and a 5 volt/2 amp connector. As such the D-Link AirPlus Xtreme G™ 2.4GHz wireless access point is classified as a complete networking device.

The applicable subheading for the D-Link AirPlus Xtreme G™ 2.4GHz wireless access point 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 M. Hackett at 646-733-3015.

You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

Sincerely,

Robert B. Swierupski
Director,

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