The tariff classification of an "Alcatel ASN Submarine Line Terminating Equipment 1620 (SLTE 1620)" from an unspecified country

NY L80226 November 19, 2004 CLA-2-85:RR:NC:MM:109 L80226 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 Submarine Line Terminating Equipment 1620 (SLTE 1620)” 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 Submarine Line Terminating Equipment 1620 (SLTE 1620).” The descriptive literature submitted states that the “Alcatel ASN Submarine Line Terminating Equipment 1620 (SLTE 1620)” is designed for telecommunications systems utilizing submerged equipment. The SLTE manages the integrity, quality, receipt and transmission of telecommunication aggregate data between the submerged equipment and the land based telecommunication system. The Alcatel Submarine Line Terminal Equipment 1620 (SLTE 1620) 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 SLTE is of an Alcatel generic design and includes features that allow the configuration of the SLTE to suit a given system. The Alcatel Submarine Line Terminating Equipment (SLTE) is designed for telecommunication systems utilizing submerged equipment typically operating at N x 10 Gbit/s and designed to provide up to 84 channels on the ITU (Internal Telecommunication Union) 50 GHz grid, up to 105channels on the 40 GHz grid or 126 channels on the 33 GHz grid. The SLTE manages the integrity, quality, receipt and transmission of telecommunications aggregate data between the submerged equipment and the land based telecommunication system. 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 SLTE 1620 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 Submarine Line Terminating Equipment 1620 (SLTE 1620)” 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