CLA-2-90:S:N:N1:114 858977
Ms. Teresa Pieper
NEC Logistics America, Inc.,
18615 Ferris Place
Rancho Dominquez, California 90220-6452
RE: The tariff classification of fixed optical attenuators from
Japan
Dear Ms. Pieper:
In your letter dated December 12, 1990, you requested a
tariff classification ruling. The sample that you provided of
the optical attenuator, model no. OD-9704, is being retained by
this office.
Optical attenuators are used as components of communication
systems that utilize optical fiber as the transmission media.
The attenuators in question are fixed at a particular decibel
level ranging from 3dB to 40dB. The fixed optical attenuators
are designated as the OD-8550 and the OD-9701 series. The fixed
optical attenuators simulate 40 to 60 miles of optical cable.
The NEC fixed optical attenuators use glass substrates on
which a stable metallic film has been deposited. The attenuation
element is placed in a slating position across the optical path
so that the incident light beam does not return after being
reflected by the attenuation element. The coated glass substrate
is a glass filter, which is considered to be an optical element
for tariff classification purposes.
The applicable subheading for the fixed optical attenuators
will be 9013.80.6000, Harmonized Tariff Schedule of the United
States (HTS), which provides for other optical appliances and
instruments. The rate of duty will be 9 percent ad valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport