CLA-2-90:OT:RR:NC:4:414
Ms. Joyce A. Ford
Associated Universities, Inc., dba NRAO
520 Edgemont Road
Charlottesville, VA 22903
RE: The tariff classification of single mode fiber optical switches from Germany
Dear Ms. Ford:
In your letter dated January 27, 2010 you requested a tariff classification ruling.
The single mode fiber optical switches (fiber switches), which will be imported by Associated Universities Inc. (dba National Radio Astronomy Observatory), are used for selecting one optical signal from two or more paths. The fiber switches are optimized for the infrared (IR) wavelength range of 1500 to 1600 nanometers. The applications include providing system redundancy and enhanced security by duplicating transmissions over diverse routes, and distributing optical signals to multiple receivers, passive optical networks and test equipment.
The fiber switches, part number eol 1x6 Leoni Fiber Optics Gm S01X00613DI05A100, consist of optical fibers, a molded plastic box, a glass lens and an electrically driven actuator for control of the switch position. These fiber switches have six outputs. The lens functions to collimate the light into and out of the optical fiber. The actuator is located inside the housing of the switch itself.
The fiber switches will be incorporated into a larger subassembly, called the subarray switch module, then tested and exported to the Atacama Large Millimeter/Submillimeter Array (ALMA) in the Atacama Desert of northern Chile. The ALMA will be one of the most powerful telescopes ever built when completed in the year 2013.
Because the fiber switches are specific subassemblies to the radio antenna array, you ask if they can be classified under the same tariff classification number as the band cold cartridges ruled on in New York ruling N076835 dated October 22, 2009. In New York ruling N076835, the band cold cartridges were classified under heading 8517, HTSUS; band cold cartridges convert millimeter wavelength signals in the band from 211 GHZ to 275 GHZ to an intermediate band of 6 GHz to 10 GHZ.
The fiber switches are classified in chapter 90 because they operate in the infrared wavelength range, which is one of the optical radiations (ultraviolet, visible, and infrared) and incorporate optical elements, which are not subsidiary in the functioning of the fiber switches. Based on the fact that the fiber switches are optical devices provided for in chapter 90, HTSUS, and that the fiber switches contain optical fibers and glass lenses for collimating the infrared light, the fiber switches are excluded from classification in chapter 85, specifically heading 8517, HTSUS. Section 16 note 1 (m), which excludes articles of chapter 90 from classification in chapters 84 and 85, is noted.
The applicable subheading for the single mode fiber optical switches will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other optical appliances and instruments, not specified or included elsewhere in this chapter, other. The rate of duty will be 4.5 percent ad valorem.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division