The tariff classification of Regional Processor no. 4 – Half Height (H) ROJ 204 507/1 from Sweden

NY F86952 June 1, 2000 CLA-2-85:RR:NC:MM:109 F86952 CATEGORY: Classification TARIFF NO.: 8517.90.2400 Ms. Gail T. Cumins Sharretts, Paley, Carter & Blauvelt, PC 75 Broad Street New York, NY 10004 RE: The tariff classification of Regional Processor no. 4 – Half Height (H) ROJ 204 507/1 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 Regional Processor no. 4 – Half Height (H) ROJ 204 5087/1. It is found within the controlling/processing (APZ) area of Ericsson’s communication switch AXE 10, or simply “AXE”. The ROJ 204 507/1 is a printed board assembly, located within the Serial Regional Processor Bus (RPB-2) subsystem and when inserted into its appropriate sub-rack (magazine), it determines the function of that magazine. This Regional Processor no. 4 – Half Height (H) ROJ 204 507/1 communicates with the APT and performs controlling functions outside of the central processor. 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 8517. The applicable subheading for the Regional Processor no. 4 – Half Height (H) ROJ 204 507/1 will be 8517.90.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for “[p]arts…[o]ther parts, incorporating printed circuit assemblies…[f]or telephonic switching or terminal 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