The tariff classification of the Swept Wavelength System, the Swept Wavelength-OMNI Expansion, the SWS15107-A Module, the SWS15107-M Module and the SWS20005 Module from France

N107975 June 30, 2010 CLA-2-90:OT:RR:NC:4:414 CATEGORY: Classification TARIFF NO.: 9027.50.4060 Mr. Stewart J. Thompson JDS Uniphase Corp. 61 Bill Leathem Drive Ottawa, Ontario Canada K2J 0P7 RE: The tariff classification of the Swept Wavelength System, the Swept Wavelength-OMNI Expansion, the SWS15107-A Module, the SWS15107-M Module and the SWS20005 Module from France Dear Mr. Thompson: In your letter dated May 31, 2010 you requested a tariff classification ruling. The Swept Wavelength System (hereafter referred to as the SWS-2000 System) and the Swept Wavelength OMNI Expansion (hereafter referred to as the SWS-OMNI Expansion) are used in testing optical networks. The SWS15107-A Polarized Dependent Loss (PDL) Optimized All-Band Detector Module, the SWS15107-M All-Band Detector Module, Multimode, and the SWS20005 Return Loss (RL) Cassette, Single Channel, are modules used in the SWS-2000 system. The SWS-2000 System consists of a tunable laser source (SWS17101), a source optics module (SWS20010-B-n), a control module (SWS2006-A), a receiver chassis (OWB1002), one or more detector modules (SWS15107), and application software (SWS100-0000). These six items are required to complete an SWS-2000 System. The control module and the detector modules are installed into the receiver chassis, while the tunable laser source and source optics module are individual units interconnected by cables. The SWS-OMNI Expansion consists of the OMNI version of the source optics module (SWS20010-A-2) and a dual channel receiver (SWS20009-A). The source optics module and the dual channel receiver are individual units, interconnected by cables, and further connected to the SWS-2000 System by cables. These two components can be added to the SWS-2000 System for additional functionality; both are required. The SWS-2000 System measures insertion loss, polarization dependent loss, return loss and directivity with high wavelength resolution for research and development purposes and in production environments. The SWS-2000 System measures the optical performance of optical components and modules including tunable filters, couplers, splitters, switches, attenuators, circuit packs and wavelength division multiplexing devices. The SWS-2000 System operates in the 1520 nanometer to 1630 nanometer wavelength range. In operation, the optical components being tested are connected to the source optics module. The light used to test the optical components is provided by the tunable laser source, and detected by the detector modules within the receiver chassis. The process is managed through the control module. The various measurements are taken and recorded by the control module with the applications software providing the measurement outputs, analysis and test results. The SWS15107-A Polarized Dependent Loss (PDL) Optimized All-Band Detector Module contains specially tuned components to allow greater accuracy of PDL measurements. The SWS15107-A is physically installed in the receiver chassis of the SWS-2000 System. The SWS15107-M All-Band Detector Module, Multimode, is a version of the detector module for detection of multimode optical components to allow PDL measurements. It is physically installed in the receive chassis in an SWS-2000 System. The SWS20005 Return Loss (RL) Cassette, Single-Channel, expands the range of test functionality of the SWS-2000 System to included return loss. It is connected to the other components of the SWS-2000 System through cables. You have suggested that the SWS15107-A Polarized Dependent Loss (PDL) Optimized All-Band Detector Module, the SWS15107-M All-Band Detector Module, Multimode, and the SWS20005 Return Loss (RL) Cassette, Single-Channel, are classified as parts and accessories of electrical instruments and apparatus: of instruments and apparatus of subheading 9027.50.40, Harmonized Tariff Schedule of the United Sates (HTSUS), under subheading 9027.90.54.50, Harmonized Tariff Schedule of the United Sates (HTSUS). However, these modules are considered to be apparatus, not parts of instruments and apparatus. The applicable subheading for the Swept Wavelength System (SWS-2000 System) and the Swept Wavelength System-OMNI Expansion (SWS-OMNI Expansion) will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring or checking quantities of heat, sound or light; other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): other: electrical: other. The rate of duty will be free. The applicable subheading for the SWS15107-A Polarized Dependent Loss (PDL) Optimized All-Band Detector Module, the SWS15107-M All-Band Detector Module, Multimode, and the SWS20005 Return Loss (RL) Cassette, Single-Channel, will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring or checking quantities of heat, sound or light; other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): other: electrical: other. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Barbara Kiefer at (646) 733-3019. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division