The tariff classification of various modules for optical network testers from Germany

N115135 August 13, 2010 CLA-2-90:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NO.: 9027.50.4060 Mr. Stewart J. Thompson JDS Uniphase Corp. 61 Leathem Drive Ottawa, Ontario Canada K2J 0P7 RE: The tariff classification of various modules for optical network testers from Germany Dear Mr. Thompson: In your letter dated July 14, 2010 you requested a tariff classification ruling. Optical network testers are fiber optic network telecommunications test equipment used by network equipment manufacturers in the development and deployment of that transmission equipment. Customs has previously ruled on optical network testers, also referred to as ONT mainframes, models ONT-503, ONT-506 and ONT-512, and two modules for the optical network testers, Module-E 10G and ONT-100G. In NY ruling N108064 dated June 25, 2010, we classified the optical network testers and the two modules under subheading 9027.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring or checking quantities of heat, light or sound; other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): other: electrical: other. You are requesting a ruling on three modules for the optical network testers, modules ONT 40/43G, ONT Multi-Channel SDH/SONET, ONT High-Accuracy Jitter/Wander. You indicate that each of the modules may have several variants, with the differences primarily in the wavelengths, data rates, or number of ports. All are used by network equipment manufacturers of telecommunications transmission equipment in test applications in the development and deployment of the transmission equipment. The modules used in the ONT mainframes are solely used in fiber optic telecommunications testing. According to your letter, any of the modules can be configured into any one of the ONT mainframes, the ONT-503, ONT-506 or ONT-512. Each module measures physical and/or logical parameters of high bitrate telecommunications signals. The main difference is stated to be the bitrate of the measured signal, e.g. 1.5Mbit/s to 100Gbits/s. Depending on the modules, the wavelength ranges are 850 nanometers, 1310 nanometers or 1550 nanometers. The incoming optical signal is checked for level, wavelength and modulation contents. The logical analysis of the signal contents is done after optical to electrical (O/E) conversion. Electrical quantities as such are not being measured by any of the optional modules for the ONT mainframes, but logical parameters conveyed in an optical or electrical telecommunication signal are measured. The applicable subheading for the modules ONT 40/43G, ONT Multi-Channel SDH/SONET, ONT High-Accuracy Jitter/Wander 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, light or sound; 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