The tariff classification of an "Alcatel ASN Submerged R4 PassiveTilt Equaliser (PTEQ)" from an unspecified country

NY K88643 November 19, 2004 CLA-2-85:RR:NC:MM:109 K88643 CATEGORY: Classification TARIFF NO.: 8517.50.9000 Mr. Robert Pisani, Esq. Pisani & Roll 1717 K Street NW Suite 600 Washington, DC 20036 RE: The tariff classification of an “Alcatel ASN Submerged R4 PassiveTilt Equaliser (PTEQ)” from an unspecified country Dear Mr. Pisani: In your letter dated October 11, 2004, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks. This ruling concerns the classification of an “Alcatel ASN Submerged R4 Passive Tilt Equaliser (PTEQ).” The descriptive literature submitted states that the “Alcatel ASN Submerged R4 Passive Tilt Equaliser (PTEQ)” is designed for telecommunications systems utilizing submerged equipment. The PTEQ is a hybrid of optical and mechanical systems that forms part of a submarine telecommunication system for use in transmission of aggregate data. The Passive Tilt Equaliser is of an Alcatel generic design and includes features that allow the configuration of the Passive Tilt Equaliser to suit a given system. The PTEQ is inserted in a submerged telecommunication system where an equalization of the residual gain/wavelength aggregate data signal must be provided through modification of the transmission tilt where multi-channel telecommunication signals are involved. This description gives typical information only, as design information for specific systems is calculated close to the time of system construction. The PTEQ modifies the transmission tilt for multi-channel optical transmission systems. Your letter suggested HTS 8517.50.5000, which provides for “Electrical apparatus for line telephony or line telegraphy…Other apparatus, for carrier-current line systems or for digital line systems: Other: Telephonic.” With respect to this subheading, “telephonic” apparatus involves the transmission of speech (voice) or other sounds between two points. However, the PTEQ is used in the transmission of aggregate data, in addition to the transmission of speech or other sounds. As such, it is considered “telegraphic” apparatus, which is provided for within subheading 8517.50.90, as “telegraphic” apparatus. The applicable subheading for the “Alcatel ASN Submerged R4 Passive Tilt Equaliser (PTEQ)” will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other apparatus, for carrier-current line systems or for digital line systems: Other: 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 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division