Retix Remote Bridges, Models 4880 and 4820; PC-320 WAN Controller; Network Equipment; Principal Use; Chapter 84, Note 5(B); Headings 8471 and 8517; HQ 951570, modified

HQ 963243 July 23, 2001 CLA-2 RR:CR:GC 963243 RFA CATEGORY: Classification TARIFF NO.: None Customs Manager Retix 9600 Topanga Canyon Boulevard Chatsworth, CA 91311 RE: Retix Remote Bridges, Models 4880 and 4820; PC-320 WAN Controller; Network Equipment; Principal Use; Chapter 84, Note 5(B); Headings 8471 and 8517; HQ 951570, modified Dear Customs Manager: This is in reference to HQ 951570, dated October 16, 1992, which was issued to you, classifying Retix Remote/Local Bridges, models 4880, 4820, and 4660, Hubs, and Board Level Products (network interface boards and PC-320 WAN controller), as automatic data processing (ADP) control and adapter units under heading 8471 of the Harmonized Tariff Schedule of the United States (HTSUS). In the course of examining similar merchandise, we now believe that the classification of the Bridges, models 4880 and 4820, and the PC-320 WAN Controller set forth in that ruling is incorrect. This modification will not affect the classification of the other products. Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI, a notice was published on December 8, 1999, in the Customs Bulletin, Volume 33, Number 49, proposing to modify HQ 951570. In the proposed notice, Customs indicated that the Bridges, models 4880 and 4820, and the PC-320 WAN Controller did not meet the terms of Legal Note 5(B) to chapter 84, HTSUS, because they were not of a kind solely or principally used in an automatic data processing (ADP) system. While Customs received five comments in response to this notice, no commenter provided evidence of principal use for the subject merchandise. In light of the fact that there is insufficient evidence of principal use of the Bridges, models 4880 and 4820, and the PC-320 WAN Controller “Marathon” Network Feeders and Nodes, Customs is modifying HQ 951570, issued to you on October 16, 1992. Enclosed with this decision is a copy of the final revocation notice which outlines the factors Customs will consider in determining principal use. Should you need a ruling on this merchandise or other network equipment, you may submit a ruling request with information on principal use in accordance with Section 177.2 of the Customs Regulations [19 CFR 177.2] to the National Commodity Specialist Division, U.S. Customs Service, 6 World Trade Center, Room 423, New York, NY 10048. EFFECT ON OTHER RULINGS: HQ 951570, dated October 16, 1992, is modified. In accordance with 19 U.S.C. 1625(c), this modification will become effective 60 days after its publication in the Customs Bulletin. Sincerely, John Durant, Director Commercial Rulings Division Enc.