The tariff classification of an "Alcatel URW Sub Rack Telecommunications Equipment (URW)" from an unspecified country

NY L80531 November 19, 2004 CLA-2-85:RR:NC:MM:109 L80531 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 URW Sub Rack Telecommunications Equipment (URW)” from an unspecified country Dear Mr. Pisani: In your letter dated October 12, 2004, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks. This ruling concerns the classification of “Alcatel URW Sub Rack Telecommunications Equipment (URW).” The descriptive literature submitted states that the “Alcatel URW Sub Rack Telecommunications Equipment (URW)” 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 Sub Rack is of an Alcatel generic design and includes features that allow the configuration of the DCU to suit a given system. The Alcatel Sub Rack can be equipped with different plug-in telecommunication units according to the requirements of the submarine transmission system. The transmission interface between the submarine telecommunication system and the inland network will be provided by other equipment. The Sub Rack houses equipment for amplifying the telecommunication signal when the length of the submarine system exceeds the capability of the transmission equipment working on its own. 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 “Alcatel URW Sub Rack Telecommunications Equipment (URW)” 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 URW Sub Rack Telecommunications Equipment (URW)” 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