CLA-2 CO:R:C:M 953205 MBR

Mr. John J. Marshall
"K" Air Brokerage, Inc.
40-A Broderick Road
Burlingame, CA 94010

RE: Allied Telesis, Inc.; Local Area Network Transceivers; LAN; MAU; Automatic Data Processing Machine; Control or Adapter Units; HQ 952659; Revocation of HQ 951009

Dear Mr. Marshall:

This is in response to your letter of January 7, 1993, requesting classification of local area network ("LAN") Transceivers, under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The AT-150, AT-250 and the AT-270 CentreCom Multiport Transceivers are two port transceivers for users of Ethernet Local Area Networks ("LANs"). These Transceivers provide the electronic and physical interface between the Ethernet coaxial cable and the Ethernet/IEEE 802.3 station Data Terminal Equipment (DTE). They are also described as "MAUs" which represents "Media Attachment Unit."

The AT-126 CentreCOM Single Port Transceivers allow the utilization of fiber optic media and can be combined with existing coaxial cable Ethernet configurations to allow coax-to-fiber network connections.

The AT-200 Single Port Transceivers feature five LED indicators which signal certain conditions such as "Transmit" and "Receive."

ISSUE:

Are local area network interface boards classifiable under subheading 8517.82.00, HTSUS, which provides for electrical apparatus for line telegraphy, or are they classifiable under

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subheading 8471.99.15, HTSUS, which provides for ADP "control or adapter units"?

LAW AND ANALYSIS:

Since the HTSUS came into effect there has been a great deal of controversy regarding the classification of LAN equipment. However, there is no clear classification guidance from either the HTSUS or the Harmonized Commodity Description and Coding System Explanatory Notes (ENs), primarily due to the technological advancements in this area.

In HQ 952659, dated October 8, 1992, regarding LAN boards, we cited Legal Note 5(B) to chapter 84, HTSUS, which provides guidance regarding the classification of units of automatic data processing machines. It states: Automatic data processing machines may be in the form of systems consisting of a variable number of separately housed units. A unit is to be regarded as being a part of the complete system if it meets all of the following conditions:

(a) It is connectable to the central processing unit either directly or through one or more other units; and

(b) It is specifically designed as part of such a system (it must, in particular, unless it is a power supply unit, be able to accept or deliver data in a form (code or signals) which can be used by the system).

We agree that the Transceivers are connectable to the CPU either directly or through one or more units. Furthermore, the Transceivers are designed to be a constituent unit of an ADP system, and are able to accept and deliver data.

In HQ 952659 we also cited the Harmonized Commodity Description and Coding System Explanatory Notes (ENs), pages 1299- 1300, which describe separately presented ADP units, in pertinent part, as follows: This heading also covers separately presented constituent units of data processing systems. Constituent units are those defined in Parts (A) and (B) above as being parts of a complete system.

Apart from central processing units and input and output units, examples of such units include:

(4) Control and adaptor units such as those to effect interconnection of the central processing unit to other digital data processing machines, or to groups of input or output units which may comprise visual display units,

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remote terminals, etc.

We agree that the principal function of the instant Transceivers is, in fact, to effectuate interconnection of the CPU unit to other units or ADP machines, thereby serving "control" and "adaption" functions.

HOLDING:

The Allied Telesis, Inc., LAN Transceivers, model numbers AT- 270, AT-250, AT-150, AT-126, and AT-200, are classifiable under subheading 8471.99.15, HTSUS, which provides for: "[a]utomatic data processing machines and units thereof: [o]ther: [o]ther: [c]ontrol or adapter units." The rate of duty is Free.

EFFECT ON OTHER RULINGS:

HQ 951009, dated May 1, 1992, held that the "10 Base-T MAU Adapter - Transceiver" was classifiable in subheading 8517.82.00, HTSUS, which provides for electrical apparatus for line telegraphy. For the reasons stated above, HQ 951009 is revoked under authority of Section 177.9(d), Customs Regulations.

Sincerely,

John Durant, Director