CLA-2 CO:R:C:M 951009 MBR

Mr. Sidney H. Kuflik
Lamb & Lerch
233 Broadway
New York, NY 10279

RE: "10 Base-T MAU Adapter - Transceiver"; Networking Data Communications System; Telegraphic Apparatus; Part Number 0580-2940-00

Dear Mr. Kuflik:

This is in reply to your letter of November 19, 1991, on behalf of Bel Fuse Inc., requesting classification of the "10 Base- T MAU Adapter - Transceiver" for the 10 Base-T networking data communications system, under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

Your state that "Ethernet is the popular system by which computer networks can transmit and receive data to and from other ADPs and/or peripheral units." Computers using the Ethernet system contain an Ethernet "card" (printed circuit board with components mounted thereon). The older Ethernet cards were designed for networking over coaxial cable. Coaxial cable has a greater transmission capacity (bandwidth) than standard twisted pair telephone wires. However, the current medium of choice for Ethernet networks is over unshielded twisted-pair (UTP) cable using the 10 Base-T standard passed by the IEEE (Institute of Electrical and Electronics Engineers). This allows computers to transmit and receive data over existing telephone lines within a commercial building. In order for the older Ethernet cards to transmit and receive over twisted-pair cable, instead of coaxial cable, a 10 Base-T Adapter must be utilized. "MAU" represents: "Media Attachment Unit."

ISSUE:

What is the classification of the "10 Base-T MAU Adapter - Transceiver." Is the 10 Base-T Adapter classifiable under heading -2-

8471, HTSUS, which provides for "Control or adapter units" of ADP machines, 8473, HTSUS, which provides for parts of ADP machines, or under heading 8517, HTSUS, which provides for "[e]lectrical apparatus for line telephony or telegraphy"?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

Customs has previously classified merchandise for the 10 Base- T networking data communications system for the same importer and counsel (see HQ 089224, dated July 26, 1991). HQ 089224, regarding 10 Base-T Filters (not cited by importer's counsel), delineated Customs position regarding merchandise for local area networking in general, and the 10 Base-T standard in particular.

The submitted literature clearly shows that the 10 Base-T MAU Adapter - Transceiver" is an integral element of an Ethernet local area network (to be used with older Ethernet cards) that operates over twisted-pair cable (telephone lines), and as such, is dedicated to data communication. The Computer Glossary, Fourth Edition, Alan Freedman (1989), defines a "Local Area Network" as follows:

A local area network is a communications network that serves several users within a confined geographical area. Although the term may refer to any communications network within a building or plant, it typically refers to the interconnection of personal computers.

Personal computer local area networks function as distributed processing systems in which each computer, or node, in the network does its own processing and manages some of its data. Shared data is stored in a high-performance pc in the network, called a file server or network server, which acts as a remote disk drive to all the users in the network.

The printers that are attached to the network can function on a first-come, first-served basis, or they can be connected to a computer, called a print server, which collects the print output and feeds it to the printer one job at a time.

A local area network is the backbone of office automation and allows electronic mail and other information to be communicated between all users of the system. Local area networks are becoming essential for small work groups that enter, share and exchange the same information. -3-

With the use of a gateway, local area network can connect to minicomputer and mainframe networks.

BASEBAND NETWORKS Baseband networks are all digital networks that require information in digital form. Examples are ARCNET, Token Ring, Ethernet and Starlan. All of these networks are driven by network management software that resides in the file servers and the work stations. Examples of network software are Microsoft's NetBIOS and LAN Manager, Apple Talk, TPC/IP and Novell's NetWare.

BROADBAND NETWORKS Broadband networks use carrier frequencies and can handle voice and video transmission as well, for example, Wang Computer's WangNET.

The instant merchandise is utilized for Baseband Networks, and uses an individual digital signal.

It remains Customs position that Local Area Networking (LAN) apparatus is principally used for "line telegraphy" and as such is not classifiable in heading 8471, HTSUS, as a "unit" of an ADP system.

The importer's counsel argues alternatively that the 10 Base-T MAU Adapter - Transceiver is a "part" of an automatic data processing machine. However, the fact that this merchandise requires the attachment of another article(s), i.e., the Ethernet card, the PC, and a network, in order to be capable of performing its function (data communication), does not render it a "part," since there is no requirement that a machine must be "self- activating." Nord Light, Inc. v. United States, 49 CCPA 12, C.A.D. 786 (1961). Thus, although when imported, the 10 Base-T MAU Adapter - Transceiver is incapable of functioning unless placed in configuration with certain other boards and devices, in their final use they are, nevertheless, in and of themselves, network data communication (electrical telegraphic) apparatus specifically provided for in heading 8517, HTSUS. Westinghouse Electric International Co. v. United States, 28 Cust. Ct. 209, C.D. 1411 (1952), cited with approval by Fairchild Camera & Instrument Corp., Inter-Maritime Forwarding Co., Inc. v. United States, 53 CCPA 122, 126, C.A.D. 887 (1966).

Heading 8517, HTSUS, provides for: "[e]lectrical apparatus for line telephony or line telegraphy, including such apparatus for carrier-current line systems." The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) to heading 8517 of the HTSUS, page 1360, state:

-4-

The term "electrical apparatus for line telephony or line telegraphy" means apparatus for the transmission between two points of speech or other sounds (or of symbols representing written messages, images or other data), by variation of an electric current or of an optical wave flowing in a metallic or dielectric (copper, optical fibers, combination cable, etc.) circuit connecting the transmitting station to the receiving station. The heading covers all such electrical apparatus designed for this purpose, including the special apparatus used for carrier-current line systems.

The term "apparatus" has been defined by the courts as a combination of articles and materials which are intended, adapted, and necessary for the accomplishment of some purpose. The Deseret Co., v. United States, ___CIT___, Slip Op. 86-93 (1986). There can be no controversy that these boards are data communication boards for local area networking.

Therefore, the instant 10 Base-T Adapter data communications device, is a combination of articles and materials intended, adapted and necessary for the accomplishment of a specific purpose, i.e., that of local area network data communication (LAN).

The Customs Co-Operation Council Harmonized Commodity Description and Coding System, Summary of Comments and Observations by the Technical Team, Chapter 85, (April 25, 1979) stated:

With regard to packet switching equipment, the Technical Team reproduces below, for information, a text published by the Secretariat for the attention of the Working Party on Customs applications of computers, a definition of data communication packet switching (Doc. 21.926):

The transmission of computer system messages or parts of messages between distant points in the form of discrete packets which are transmitted over an independently operated computer driven network. The routes followed by messages are determined by the network and not by the sending systems. Packet switching is in many ways analogous to the conventional manual postal system in which an independent carrier receives and delivers letter packets for a community of users. Any one transmission line of the network may carry messages from different senders to different addresses. A message to be transmitted across a packet switched network is handled in the following manner: [t]he message is split into a number of packets of fixed maximum size each prefixed by the source and destination addresses, length and sequence number. Each packet is then handled by the network as a discrete message, being passed from one switch or node of the network to the next as soon as possible, depending on -5-

the destination address, the traffic density and the routes available. At the destination, the addresses, etc., are stripped off, the packets combined to form the original message and an acknowledgement sent back to the source according to whether or not the message is free from error. By using high speed links for the network, packets, originating from a large number of users transmitting into the network at moderate speeds, may be interleaved within the network, while maintaining full integrity and security. In this manner, network time is shared between users in a similar manner to that of a time sharing computer system.

Although the above text is not binding on us, such information is helpful in that it is demonstrative of the Customs Co-Operation Council's consideration for inclusion of this type of apparatus in Chapter 85.

Certainly, these local area network data communications devices are apparatus designed for the transmission of data between two points, by variation of an electric current connecting the transmitting station to the receiving station, as described above.

Heading 8517, HTSUSA, specifically includes line telegraphy for the transmission of symbols representing written messages, images or other data. The definition of "telegraphic apparatus" is found within the EN to 85.17, p. 1363, which states:

This is essentially designed for converting texts or images into appropriate electrical impulses, for transmitting those impulses, and at the receiving end, receiving these impulses and converting them either into conventional symbols or indications representing the text, or into the text or image itself. (Emphasis added).

The issue has been raised whether or not the 10 Base-T data communication adapter should be considered a "modem" for tariff purposes. The Computer Glossary, Fourth Edition, by Alan Freedman (1989), defines "Modem" as follows:

(Modulator-DEModulator) A modem is a device that adapts a terminal or computer to a communications network. Modems turn digital pulses from the computer into frequencies (modulate) within the audio range of the telephone system and convert the frequencies back into digital pulses (demodulate) on the receiving side. Specialized modems are used to connect personal computers to a broadband local area network, which, similar to the telephone system, use electromagnetic waves for transmission signals, but at different frequencies. The telephone industry also refers to a modem as a dataset.

-6-

The modem handles the dialing and answering of the call and also generates the speed of the transmission, which is measured in bits per second. Modems used on telephone lines transmit at speeds of 300, 1200, 2400, 4800, 9600 and 19200 bits per second. The effective data rate is 10% of the bit rate; thus, 300 bits per second (bps) is equivalent to 30 characters per second (cps). It would take a full minute to fill up a video screen at that rate; 15 seconds at 1,200 bps and about seven seconds at 2,400 bps. Due to noisy lines in the dial-up telephone system, the higher speeds can be problematic, and private lines may be required.

In order to have a personal computer dial up and communicate with another computer or public information service, more than a modem is required. The computer must have a serial port available into which the modem is connected. In addition, a communications program must be used in order to direct the computer to do the transmitting and receiving.

As this definition delineates, "[m]odems turn digital pulses from the computer into frequencies (modulate) within the audio range of the telephone system and convert the frequencies back into digital pulses (demodulate) on the receiving side." The instant 10 Base-T adapter does not convert signals from digital to analog (it is a digital-digital signal), it merely changes the impedance characteristics. Therefore, it is not classifiable as a modem.

Furthermore, based upon the design and intended applications of the instant merchandise, it is Customs opinion that the instant 10 Base-T Adapter (for Local Area Networking) is not principally used for carrier current line systems.

Therefore, the instant "10 Base-T MAU Adapter - Transceiver" local area network data communications system merchandise is classifiable under subheading 8517.82.00, which provides for: "[e]lectrical apparatus for line telephony or telegraphy, including such apparatus for carrier-current line systems: [o]ther apparatus: [t]elegraphic."

For similar holdings regarding similar data communications merchandise, see HQ 089355, dated January 7, 1992, HQ 089596, dated September 17, 1991, HQ 089597, dated September 5, 1991, HQ 089277, dated August 14, 1991, HQ 089227, dated July 24, 1991, HQ 086035, dated August 2, 1990, HQ 086478, dated April 9, 1990, HQ 087468, dated January 8, 1991, HQ 086615, dated April 20, 1990, HQ 085661, dated February 15, 1990, and NY 852403, dated May 31, 1990.

-7-

HOLDING:

The "10 Base-T MAU Adapter - Transceiver," part number 0580- 2940-00, local area network data communication system merchandise is classifiable under subheading 8517.82.00, which provides for: "[e]lectrical apparatus for line telephony or telegraphy, including such apparatus for carrier-current line systems: [o]ther apparatus: [t]elegraphic."

Sincerely,

John Durant, Director
Commercial Rulings Division