The tariff classification of Arrayed Waveguide Grating Modules from Japan

NY G82023 October 6, 2000 CLA-2-85:RR:NC:MM:109 G82023 CATEGORY: Classification TARIFF NO.: 8517.50.9000 Mr. David J. Levine Attorney At Law McDermott, Will & Emery 600 13th Street NW Washington, DC 20005-3096 RE: The tariff classification of Arrayed Waveguide Grating Modules from Japan Dear Mr. Levine: In your letter dated August 25, 2000, you requested a tariff classification ruling on behalf of Hitachi Cable America, Inc. of White Plains, New York. The merchandise is described in your letter as Arrayed Wavegrade Grating Modules. The modules appear externally as metal containers to which fiber optic cables are connected and which bear an electrical input-output port. A single fiber optic cable is connected to one end of the rectangular box and multiple fiber optic cables are connected to the other end. The central component contained within the metal box is an AWG chip, which is a planar lightwave circuit that multiplexes and de-multiplexes optical signals. Multiplexing is a method of simultaneously transmitting multiple signals in a single fiber optic fiber while de-multiplexing is a method of separating the multiple signals into individual signals. The number of wavelengths that may be carried in an individual fiber ranges from 16 channels to 40- channels, depending on the AWG chip used. The AWG chip is manufactured using semiconductor manufacturing technologies, such as photolithography and reactive ion etching. The fiber optic cables, which are housed within the metal box, protrude out of opposite ends of the box and are then spliced to the corresponding sides of the AWG chip. Structural elements, including brackets and an inner base, are also housed within the metal box. The AWG chip is attached with resin to the inner base, which is mounted to the metal container with brackets. A resistance temperature detector (RTD) is attached to the opposite side of the AWG chip with resin. The RTD, which runs on electrical energy delivered through the input-output port, monitors the temperature of the AWG chip, as the operative properties of the chip may vary with changes in the temperature. A heater is attached to the side of the inner base opposite the AWG chip to control the temperature. The heater is powered by electricity delivered through the input-output port. The remaining space within the metal box is filled with a thermal insulator. These AWG modules are used exclusively as a key component in certain Dense Wavelength Division (DWDM) systems, which communications providers use to increase the capacity of their existing fiber-optic networks. There are at least two other multiplexing technologies which can be used to create DWDM systems: thin film technologies and fiber bragg grating technology. The applicable subheading for the Arrayed Waveguide Grating Modules will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “ Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line systems…Other apparatus, for carrier-current line systems or for digital line systems: Telegraphic: Other.” The rate of duty will be free. 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 212-637-7048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division