The tariff classification of an "Alcatel ASN Submerged R3 Adjustable Slope Equaliser Unit (ATEQ)" from an unspecified country

NY L80224 November 19, 2004 CLA-2-85:RR:NC:MM:109 L80224 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 R3 Adjustable Slope Equaliser Unit (ATEQ)” 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 R3 Adjustable Slope Eualiser Unit (ATEQ)”. The descriptive literature submitted states that the “Alcatel ASN Submerged R3 Adjustable Slope Equaliser Unit (ATEQ)” is designed for telecommunications systems utilizing submerged equipment. The ATEQ is a hybrid of optical, electronic and mechanical systems that forms part of a submarine telecommunication system for use in transmission of aggregate data. The ATEQ is of an Alcatel generic design and includes features that allow the configuration of the ATEQ to suit a given system. The ATEQ is inserted in a submerged telecommunication system to provide equalization of the gain/wavelength slope after a number of system repairs and/or aging of the system line in order to optimize the overall transmission through the submerged cable. The ATEQ is modular in construction; two optical assemblies are constructed with their controlling electronic circuits on a common internal assembly (boat), so that one boat provides the functionality required for one fiber pair. Several boats can be incorporated in a single housing to operate with up to 8 fiber pairs. 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 ATEQ 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 R3 Adjustable Slope Equaliser (ATEQ)” 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