The tariff classification of a Wireless Internet Protocol Access System (WIPAS) from Japan

NY M82159 April 28, 2006 CLA-2-85:RR:NC:MM:109 M82159 CATEGORY: Classification TARIFF NO.: 8517.50.9000 Mr. Valery Zinger Schenker Stinnes Logistics Air Import 182-21 150th Street Jamaica, NY 11413 RE: The tariff classification of a Wireless Internet Protocol Access System (WIPAS) from Japan Dear Mr. Zinger: In your letter dated April 5, 2006, you requested a tariff classification ruling, on behalf of your clients First Avenue Networks, Inc. and Japan Radio Co., Ltd. This ruling concerns the classification of a Wireless Internet Access System. It consists of an Access Point (AP), which is an Omni or Horn antenna, an interface unit (IFU), and a Wireless Terminal (WT). It provides high-speed access to the Internet. The WP provides the interface to a customer’s personal computer (PC), through a Local Area Network (LAN) cable connection. The AP provides the access point to the service provider network and such to the Internet. It is connected to the IFU through a coaxial cable. The IFU provides the interface to the service provider network and is connected to the Internet using a LAN cable. Although this item is called a Wireless IP Access System, your letter states that the transmission signal is “transmitted” thru optical fiber cable, which then goes to the IFU, and thru coaxial cable to a main antenna. The antenna signals each terminal involved in the system (up to 239) and provides high-speed access to the Internet. Explanatory Note 85.25 (A) to the Harmonized Tariff Schedule of the United States (HTSUS), which provides for the intent of “wireless” transmission apparatus for radio-telephony or radio-telegraphy, states: “This apparatus is used for the transmission of signals (representing speech, messages or still pictures) by means of electro-magnetic waves which are transmitted through the ether without any line connection.” As you explained in your letter, a signal is “transmitted” through optical fiber cable and coaxial cable. As such, the signal is not being transmitted through the ether without any line connection. Therefore, this is not considered a wireless device for classification purposes, but rather electrical apparatus for line telegraphy via a carrier-current or digital line system of Heading 8517 of the Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for the Wireless Internet Protocol Access System (WIPAS) will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTSUS), 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. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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