The tariff classification of an "Alcatel Dispersion Compensation Subrack (DCS)" from an unspecified country

NY L80654 November 29, 2004 CLA-2-85:RR:NC:MM:109 L80654 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 Dispersion Compensation Subrack (DCS)” 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 Dispersion Compensation Subrack (DCS).” The descriptive literature submitted states that the “Alcatel Dispersion Compensation Subrack (DCS)” is a hybrid of optical, electronic and mechanical system that forms part of a submarine telecommunication system for use in transmission of aggregate data. The “Alcatel Dispersion Compensation Subrack (DCS)” is of an Alcatel generic design and includes features that allow the configuration of the Subrack to suit a given system. The “Alcatel Dispersion Compensation Subrack (DCS)” can be equipped with different plug-in telecommunications units according to the requirements of the submarine transmission system. The Subrack will be installed when compensation of the system’s chromatic dispersion and/or equalization of the system gain tilt is required. The Subrack can be equipped with a selection of Dispersion Compensations Units (DCUs) and Fixed Filter Units (FFUs) that provide gain equalization, according to the requirements of the 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 “Alcatel Dispersion Compensation Subrack (DCS)” 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 Dispersion Compensation Subrack (DCS)” 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