CLA-2:OT:RR:NC:N1:109

Mr. Richard J. Rose
JP Morgan Chase Vastera Professional Services, Inc.
Suite 500
20700 Civic Center Drive
Southfield, MI 48076

RE: The tariff classification of a femtocell from an unspecified country

Dear Mr. Rose:

In your letter dated January 6, 2009, you requested a tariff classification ruling.

The merchandise subject to this ruling is a femtocell. The submitted product literature for a femtocell states that it is a miniature cellular base stations that connect via broadband infrastructure to provide enhanced 3G signal within a home or small business. Once installed, it enables the operator to provide higher quality and higher performance wireless voice and real-time data services to their residential and small home office customers. The full 3G service set can be delivered in a home or small home office/business from a small device, which is connected to the mobile operator’s core network using open 3GPP based standards via the consumer’s hybrid fiber coaxial (HFC) connection. The femtocell provides the customer with a seamless communication experience as they roam from the inside to the outside of their home. They also experience greater convenience via effective fixed-mobile substitution that eliminates the need for separate home phones, offering the consumer the flexibility of a single phone for access on the road or at home.

A femtocell is, in many ways, similar to Wi-Fi access points in that they enable access through an unobtrusive device. Similar in size to a cable modem, a femtocell is a low-capacity base-station, radiating only sufficient power to cover the area of a home environment. The femtocell connects the operator’s core networking using open 3GPP-based standards through the end-user’s household broadband Internet connection rather than traditional cellular backhaul methods.

The applicable subheading for the femtocell will be 8517.61.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network: Base Stations.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Linda M. Hackett at (646) 733-3015.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division