Packet Assembler/Disassembler (PAD); Network Equipment; Principal Use; Chapter 84, Note 5(B); Headings 8471 and 8517; HQ 952628, revoked

HQ 963245 July 23, 2001 CLA-2 RR:CR:GC 963245 RFA CATEGORY: Classification TARIFF NO.: None Mr. William J. LeClair Transborder Customs Services, Inc. One TransBorder Drive, P.O. Box 800 Champlain, NY 12919 RE: Packet Assembler/Disassembler (PAD); Network Equipment; Principal Use; Chapter 84, Note 5(B); Headings 8471 and 8517; HQ 952628, revoked Dear Mr. LeClair: This is in reference to HQ 952628, dated October 13, 1992, which was issued to you on behalf of EDA Instruments, Inc., classifying the Packet Assembler/Disassembler as automatic data processing (ADP) control and adapter units under heading 8471 of the Harmonized Tariff Schedule of the United States (HTSUS). In the course of examining similar merchandise, we now believe that the classification of the Packet Assembler/Disassembler set forth in that ruling is incorrect. Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI, a notice was published on December 8, 1999, in the Customs Bulletin, Volume 33, Number 49, proposing to revoke HQ 952628. In the proposed notice, Customs indicated that the subject merchandise did not meet the terms of Legal Note 5(B) to chapter 84, HTSUS, because it was not of a kind solely or principally used in an automatic data processing (ADP) system. While Customs received five comments in response to this notice, no commenter provided evidence of principal use for the subject merchandise. In light of the fact that there is no evidence of principal use of the Packet Assembler/Dissembler, Customs is revoking HQ 952628, issued to you on October 13, 1992. Enclosed with this decision is a copy of the final revocation notice which outlines the factors Customs will consider in determining principal use. Should you need a ruling on this merchandise or other network equipment, you may submit a ruling request with information on principal use in accordance with Section 177.2 of the Customs Regulations [19 CFR 177.2] to the National Commodity Specialist Division, U.S. Customs Service, 6 World Trade Center, Room 423, New York, NY 10048. EFFECT ON OTHER RULINGS: HQ 952628, dated October 13, 1992, is revoked. In accordance with 19 U.S.C. 1625(c), this revocation will become effective 60 days after its publication in the Customs Bulletin. Sincerely, John Durant, Director Commercial Rulings Division Enc.