The tariff classification of Bus Matching Unit (“BMU”) ROJ 212 215/1 from Sweden

NY F88411 June 20, 2000 CLA-2-85:RR:NC:MM:109 F88411 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 Bus Matching Unit (“BMU”) ROJ 212 215/1 from Sweden Dear Ms. Cumins: This Ruling NY F88411 amends Ruling NY F86303 dated May 23, 2000, in which the Bus Matching Unit (“BMU”) ROJ 212 215/1 was incorrectly referenced as a Signal Processor Unit (“SPU”) ROJ 212 229/2 in paragraph one of page two. Ruling NY F88411 now references the Bus Matching Unit (“BMU”) ROJ 212 215/1 correctly throughout the ruling. The classification of the Bus Matching Unit (“BMU”) ROJ 212 215/1 remains the same as cited within amended Ruling NY F86303 repeated in its entirety with corrections below. 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 Bus Matching Unit (“BMU”) ROJ 212 215/1. It is a printed circuit assembly for the APZ processing system of Ericsson’s telecommunications switch, AXE 10, or simply “AXE”. The BMU is a function block in the Instruction Processor unit (IPU) in the APZ 212 30 (control system of the AXE). The BMU functions as an interchange between the IPU and the Data Store (DS) and is connected in all memory positions that are not being used, thereby, continuing the data/signals path. The DS magazine has 8 memory board slots, where a slot is not being used, a BMU is connected. By placing a BMU in the otherwise, empty slot, the transmission on the memory busses will always be the same, independent of the number of memory boards. 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 Bus Matching Unit (“BMU”) ROJ 212 215/1 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