CLA-2-85:RR:NC:MA:109 816354

Ms. Mary E. Gill
AT&T
Guilford Center 1-3A10
5420 Millstream Road
Greensboro, N.C. 27420

RE: The tariff classification of an 1227-type Astrotec lightwave receiver and a 1310-type Astrotec transmitter from Mexico.

Dear Ms. Gill:

In your letter dated October 25, 1995 you requested a tariff classification ruling.

The items described in your letter, accompanying literature, and from our phone conversation of December 20,1995, consists of a 1227-type Astrotec lightwave transmitter, which translates light pulse signals to electrical signals, and a 1310-type Astrotec lightwave transmitter which translates an electrical signal into a light pulse signal. These items are put on fiber optic cable and are used in communications networks. You explained in our phone conversation that both items are used together as a pair and are not used in television transmission.

According to your literature the Astrotec lightwave receiver consists of a hybrid integrated circuit with a silicon or gallium arsenide preamplifier and a silicon bipolar comparator, an indium gallium arsenide photo detector and a fiber optic signal translator. The fiber optic assembly is a pigtail type mechanism which connects this device to the fiber optic cable. The Astrotec lightwave transmitter also contains a hybrid integrated circuit. In addition, it also contains resistors to optimize the laser transmissions, a CMOS integrated circuit and an indium gallium arsenide phosphide laser module for generation of an optical signal. The laser module contains a laser diode and photo diode indivisibly attached to a metal base. The photo diode serves as a back face monitor for the laser, adjusting the emissions from the laser to generate a uniform transmission. The hybrid integrated circuit in the transmitter performs the reverse function of the hybrid integrated circuit in the receiver, directing the conversion of electrical digital inputs by the laser module into the light pulse signals conveyed on the fiber optic cable. According to information provided in the course of your phone conversation, the Astrotec lightwave transmitter contains no optical elements. The assembly of the Astrotec lightwave transmitter and connectors are similar to the receiver device.

The applicable subheading for the 1227-type Astrotec lightwave optical receiver and 1310-type Astrotec lightwave transmitter will be 8541.40.6050 and 8541.40.9500, Harmonized Tariff Schedule of the United States (HTS) respectively, which provides for "[Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light emitting diodes: Other diodes, Other: Other]" and "[Photosensitive semiconductor devices, including photovoltaic cells whether or not assemble in modules or made up into panes; light emitting diodes: Other; Other]." The rate of duty will be Free for both numbers.

This ruling is being issued under the provisions of Section 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 Phil Carabetta at 212-466-5673.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division