CLA-2-85:OT:RR:E:NC:N1:109
Mr. Ronald Sugii
Global Transportation & Logistics Manager
ViaSat Inc.
6155 El Camino Real
Carlsbad, CA 92009
RE: The tariff classification of a block-up converter (BUC) and a low-noise block converter (LNB) from Japan and Taiwan
Dear Mr. Sugii:
In your letter dated May 23, 2008 you requested a tariff classification ruling.
The merchandise subject to this ruling is a block-up converter (BUC) and a low-noise block converter (LNB). The BUC and the LNB are fixed on or in a satellite dish to enable simultaneous transmission (the BUC) and reception (the LNB) of signals for broadband data services. The descriptive literature submitted identifies that the BUC is available in various models, such as a Ku-Band BUC, a C-Band BUC, a Ku-Band high power BUC, and a B-Band high power BUC. The descriptive literature also identifies the LNB as being available in a C-Band LNB, and a Ku-Band LNB model.
The BUC is used in the transmission (uplink) of satellite signals. It converts a band (or “block”) of frequencies from a lower frequency to a higher frequency and is used to transmit data for broadband data services. The BUC can be used simultaneously with the LNB.
The LNB is used in reception of the downlink satellite signal for broadband data services. The LNB takes a wide block (or band) of relatively high frequencies, amplifies and converts them to lower frequencies. The lower frequency allows less signal loss through cabling to provide a better quality signal.
You suggested subheading 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), as the classification for the BUC and the LNB. Subheading 8517.62.0050 provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus.” However, neither the BUC nor the LNB performs reception, conversion, and transmission, nor do they regenerate voice, images or other data. Also, neither of these two devices are switching and/or routing apparatus. The BUC is used in transmission and converts a band of frequencies, but it does not receive, switch, nor route signals. On the other hand, the LNB is used in reception and amplifies and converts high frequencies to lower frequencies, but does not transmit, switch, nor route signals. As such, subheading 8517.62.0050 is inapplicable. The BUC and the LNB are more appropriately provided for in subheading 8517.69.00, which allows for either transmission or reception, transmitters or receivers, respectively. The applicable subheading for the block-up converter (BUC), models Ku-Band BUC, a C-Band BUC, a Ku-Band high power BUC, and a B-Band high power BUC, and the low-noise block converter (LNB), models C-Band LNB, and a Ku-Band LNB, will be 8517.69.0000, 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): Other." 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