The tariff classification of ROJ 212 207/1 – Power Unit (POU) from Sweden

NY F86949 June 7, 2000 CLA-2-85:RR:NC:MM:109 F86949 CATEGORY: Classification TARIFF NO.: 8504.40.8500 Ms. Gail T. Cumins Sharretts, Paley, Carter & Blauvelt, PC 75 Broad Street New York, NY 10004 RE: The tariff classification of ROJ 212 207/1 – Power Unit (POU) from Sweden Dear Ms. Cumins: In your letter dated April 26, 2000 you requested a tariff classification ruling on behalf of Ericsson Inc., of Richardson, TX. The merchandise is described in your letter as a Power Unit (POU) ROJ 212 207/1. It is a DC/DC converter found within Ericsson’s AXE” telecommunications switch. This is not simply a part of the switch. The ROJ 212 207/1 is a battery operated (DC/DC) converter intended for conversion of –48V battery voltage to +1.82 V suitable for the BYB 513 – magazine and is temperature protected. The converter is physically built up as a 4-layer PC board with RNV 636 1111 and RNV 636 1111 backplane connector and power supplies the magazine it is placed in. As per several meetings with your company and submitted information, it has been determined that the APZ processing system for Ericsson’s AXE 10 switch is distinguishable from similarly designated equipment classified in HQ 083588, September 22, 1989, and HQ 086399, January 24, 1991. While Ericsson still uses the same designation for its switch, the switch has undergone technological evolution over the last ten years. In particular, the APZ processing system no longer meets Chapter 84 Note 5 A (a). The APZ processing system contains programmable logic devices that are programmed for the Ericsson switch, and ASIC (application specific integrated circuits) that are designed by Ericsson specifically for this switch. The APZ system uses proprietary hardware, running a code based on a proprietary assembly code, which is based on a proprietary high-level language (PLEX) in an environment based on a proprietary operating system. In essence, the entire system is proprietary and no longer classifiable in Chapter 84. The current classification will be within Heading 8504. The applicable subheading for the ROJ 212 207/1 – Power Unit (POU) will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: [f]or telecommunication apparatus.” The rate of duty will be free. 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 212-637-7048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division