Communications Processors ACP 10, 20, 40, 50; Network Access Controller; X.25 Packet Switch; Network Equipment; Principal Use; Chapter 84, Note 5(B); Headings 8471 and 8517; HQ 954059, revoked

HQ 963246 July 23, 2001 CLA-2 RR:CR:GC 963246 RFA CATEGORY: Classification TARIFF NO.: None Mr. Richard Kibler Telematics International Inc. 1201 Cypress Creek Road Ft. Lauderdale, FL 33309 RE: Communications Processors ACP 10, 20, 40, 50; Network Access Controller; X.25 Packet Switch; Network Equipment; Principal Use; Chapter 84, Note 5(B); Headings 8471 and 8517; HQ 954059, revoked Dear Mr. Kibler: This is in reference to HQ 954059, dated July 16, 1993, which was issued to you, classifying communications processors 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 communications processors set forth in that ruling is incorrect. 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 revoke HQ 954059. In the proposed notice, Customs indicated that the subject merchandise 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 communications processors, Customs is revoking HQ 954059, issued to you on July 16, 1993. 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 954059, dated July 16, 1993, is revoked. In accordance with 19 U.S.C. 1625(c), this revocation will become effective 60 days after its publication in the Customs Bulletin. Sincerely, John Durant, Director Commercial Rulings Division Enc.