The tariff classification of a WAP 400 Series Access Point for WiMAX from an unspecified country

N019541 December 4, 2007 CLA-2-85:OT:RR:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8517.62.0050 Mr. Keith R. Johnson KAT Import Brokers – Division of Kamino International Transport, Inc. 4051 Oakesdale Avenue S W, Suite B Renton, WA 98055 RE: The tariff classification of a WAP 400 Series Access Point for WiMAX from an unspecified country Dear Mr. Johnson: In your letter dated November 8, 2007, you requested a tariff classification ruling on behalf of your client, Clearwire. The ruling pertains to the classification of a WAP 400 Series Access Point for WiMAX. The WAP 400 Series Access Point for WiMAX is a high performance broadband communication device that provides the user with extended transmission and reception coverage from fixed and mobile platforms. It provides seamless availability of personal wireless broadband services in any type of environment. As an individual travels from office to home to the outdoor network and into hotspot locations, the WAP 400 Series Access Point for WiMAX enables wireless broadband coverage to follow. The WAP 400 Series Access Point for WiMAX consists of two subsystems an RF module and a base control unit (BCU). The RF module contains a dual antenna RF section that performs all radio transmit and receive processing to deliver baseband signaling to the BCU. By integrating the RF processing at the tower-top, the need for heavy RF coaxial cable is eliminated. Instead, the RF module utilizes a simple fiber connection and a power cable for connectivity to the BCU. The two antenna RF section is a single, self-contained field replaceable unit (FRU). In your letter you requested the classification of the WAP 400 Series Access Point for WiMAX under Harmonized Tariff Schedule of the United States (HTSUS) number 8525.60.2000, which provides for "Transmission apparatus for radio-broadcasting or television…Transmission apparatus incorporating reception apparatus: Other." However, the WAP 400 Series Access Point for WiMAX is a device for radiotelephony and radiotelegraphy transmission and reception of voice, images, or other data in a local and wide area network (LAN/WAN). Radiotelephony and radiotelegraphy transmission and reception apparatus is provided for under heading 8517. As such, HTSUS subheading 8525.60.2000 is inapplicable. The applicable subheading for the WAP 400 Series Access Point for WiMAX will be 8517.62. 0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: 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