CLA-2-90:RR:NC:MM:114 D82171

TARIFF NOS.: 9013.80.90, 8541.90.0000

Ms. Mary Gill
Lucent Technologies
P.O. Box 20046
Room GC-C3A23
Greensboro, NC 27420-0046

RE: The tariff classification of components used in manufacturing laser diode modules from Japan

Dear Ms. Gill:

In your letter dated June 19,1998 you requested a tariff classification ruling.

The components are to be used in the manufacture of laser modules. The components are a semi-isolator, an analyzer, and an empty housing. The laser modules are used in telecommunications systems to convert voice or data signals into optical signals which are sent into optical fibers.

The analyzer functions as a polarizer, which transmits only one polarization state and absorbs the other polarization state. The polarizer does this using imbedded silver particles near the surface of a glass plate. This material is called polarcor.

The semi-isolator works in conjunction with an analyzer to prevent back reflections. The semi-isolator consists of a polarizer which produces a plane polarized beam. The beam is then passed through a faraday rotator, the garnet, which rotates the plane of polarization by 45 degrees.

The analyzer and the semi-isolator work together within the laser module to prevent optical reflections from returning to the laser diode. The polarcor in the analyzer and the garnet in the semi-isolator are optical elements. The housing protects the laser diode and provides electrical and optical pathways to the outside. It is our understanding that the housing is an empty housing.

The applicable subheading for the semi-isolator and the analyzer will be 9013.80.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments; other devices, appliances and instruments. The rate of duty will be 5.4 percent ad valorem.

The applicable subheading for the empty housing will be 8541.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of diode modules. The rate of duty will be free.

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 Barbara Kiefer at 212-466-5685.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division