The tariff classification of a dynamic wavelength processor (DWP) module from Australia

NY R04827 September 14, 2006 CLA-2-85:RR:E:NC:MM:109 R04827 CATEGORY: Classification TARIFF NO.: 8517.50.9000 Mr. Andrew J. Kennedy Optium Australia Pty., Ltd 9/G04, Australian Technology Park Eveleigh, NSW 1430 Australia RE: The tariff classification of a dynamic wavelength processor (DWP) module from Australia Dear Mr. Kennedy: In your letter dated September 5, 2006, you requested a tariff classification ruling. This ruling concerns the classification of a dynamic wavelength processor (DWP) module. It is identified within your submission as a 50/100 GHz WSS (wavelength selective switching) module. It is an optical switching device for use by communications network equipment manufacturers for incorporation in network equipment for installation in telephony and cable networks. The unit consists of an optical sub-module integrated with an electronic driver for control and communications between the unit and its host. It is a passive optical switch, which manipulates the optical field to effect channel switching and signal processing within the optical spectrum along the long-haul transmission of voice, video, and data. The DWP module is a fully integrated module offering flexible and upgradeable wavelength selective WSS functionality for advanced reconfigurable network applications. It is software configured to multiple functionalities including 1x(8=1) or (1+8)x1 drop or add module and a 1x4 or 4x1 all express add or drop module. All configurations offer user-selectable 50 or 100 GHz channel spacing. The DWP employs a programmable liquid crystal matrix technology to individually address up to 90/45 channels on a 50/100 GHz grid, each of which can be independently and hitlessly switched to any port with full attenuation control. It optical characteristics enable operation at speeds up to 40Bg/s. The Product Data Sheet does not mention the presence of any optical elements nor optical instruments within the DWP module. The applicable subheading for the dynamic wavelength processor (DWP) module will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTSUS), 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. 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division