The tariff classification of an Optical Power Meter

NY R03227 March 9, 2006 CLA-2-90:RR:NC:MM:114 R03227 CATEGORY: Classification TARIFF NO.: 9027.50.4060 Mr. Michael E. Roll Pisani & Roll 1875 Century Park East Suite 600 Los Angeles, CA 90067 RE: The tariff classification of an Optical Power Meter Dear Mr. Roll: In your letter dated February 6, 2006, on behalf of your client Alcatel Submarine Networks, you requested a tariff classification ruling on an optical power meter. Descriptive information on model OLP-18C was submitted with the ruling request. Model OLP-18C is a high performance optical power meter used for installation, maintenance and repair in fiber optic networks. The optical power meter can be used on its own for simple system power measurements or with a light source for insertion loss measurements. The full functionality of the high performance OLP range is realized when used with an optical light source. The optical power meter operates in the wavelength range of 800 to 1700 nanometers. You have proposed classification for the optical power meter under subheading 9030.40.0000, Harmonized Tariff Schedule of the United States (HTSUS) and you cite HQ ruling 962897 in support of your claimed classification. The National Import Specialist responsible for heading 9030, HTSUS, reviewed this ruling request and states that the optical power meter is not classified in subheading 9030.40 because the optical power meter deals only with optical wavelengths and not with electrical signals. The applicable subheading for the Optical Power Meter Model OLP-18C, will be 9027.50.4060, HTSUS, which provides for instruments and apparatus for physical and chemical analysis; other instruments and apparatus using optical radiations (ultraviolet, visible infrared); electrical; 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 Barbara Kiefer at 646-733-3019. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division