The tariff classification of "Alcatel Alarm Concentrator Unit" from an unspecified country Correction to Customs Ruling Number L80676

NY L83668 April 4, 2005 CLA-2-85:RR:NC:MM:109 L83668 CATEGORY: Classification TARIFF NO.: 8517.50.9000 Mr. Michael E. Roll Pisani & Roll Attorneys at Law 1875 Century Park East Suite 600 Los Angeles, CA 90067 RE: The tariff classification of “Alcatel Alarm Concentrator Unit” from an unspecified country Correction to Customs Ruling Number L80676 Dear Mr. Roll: This ruling is being issued to correct Customs Ruling Number L80676, dated November 29, 2004. The ruling letter contained a typographical error by referring to the merchandise as an “Alcatel SPC Alarm Concentrator Unit.” It also mistakenly described the “Alcatel SPC Alarm Concentrator Unit” as that of the “Alcatel SPC Communications Unit.” The entire corrected ruling follows. In your letter dated March 28, 2005, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks. This ruling concerns the classification of an “Alcatel Alarm Concentrator Unit.” The descriptive literature submitted states that “Alcatel Alarm Concentrator Unit” is a replaceable unit of Alcatel’s Power Feeding Equipment (PFE), a hybrid of optical, electronic and mechanical systems that forms part of a submarine telecommunication system for use in transmission of aggregate data. The “Alcatel Alarm Concentrator Unit” is mounted in the Cable Terminating and Dummy Load Cubicles. It controls and monitors the functions of those cubicles and interfaces to the micro units. In addition, the “Alcatel Alarm Concentrator Unit”, when mounted in the Cable Terminating Cubicle, can perform station alarm concentration and display the results to a separate alarm concentrator display panel. The unit is 420mm by 140mm by 30mm. Your letter suggested HTS 8517.50.5000, which provides for “Electrical apparatus for line telephony or line telegraphy…Other apparatus, for carrier-current line systems or for digital line systems: Other: Telephonic.” With respect to this subheading, “telephonic” apparatus involves the transmission of speech (voice) or other sounds between two points. However, the “Alcatel Alarm Concentrator Unit” is used in the transmission of aggregate data, in addition to the transmission of speech or other sounds. As such, it is considered “telegraphic” apparatus, which is provided for within subheading 8517.50.90, as “telegraphic” apparatus. The applicable subheading for the “Alcatel Alarm Concentrator Unit” will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other apparatus, for carrier-current line systems or for digital line systems: Other: Telegraphic: Other.” 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 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division