CLA-2-85:OT:RR:NC:N1:109
Mr. Daniel D. Hughes
Blue Coat Systems, Incorporated
420 N. Mary Avenue
Sunnyvale, CA 94085
RE: The tariff classification of a blue coat full proxy edition ProxySG 900/9000
Dear Mr. Hughes:
In your letter dated April 09, 2012, you requested a tariff classification ruling.
The merchandise under consideration is a blue coat full proxy edition of an Internet proxy appliance. It is referred to as ProxySG 900/9000, which is part of blue coat’s web security solutions that provides complete web security and WAN optimization.
The blue coat full proxy edition ProxySG 900/9000 delivers a scalable proxy platform architecture to secure web communications and accelerates the delivery of business applications. ProxySG 900/9000 enables flexible, granular, policy controls over content, user’s applications, web applications and protocols. It provides the ability to deliver web security and acceleration in one solution to a branch office. This enables branch users to have access directly to the Internet, with the same security coverage as those users in the main office.
You have suggested that the classification of the blue coat full proxy edition ProxySG 900/9000 should be Harmonized Tariff Schedule of the United States (HTSUS) subheading 8471.80.9000, which provides for “Automatic data processing machines and units thereof…Other units of automatic data processing machines: Other: Other.” However, the blue coat full proxy edition ProxySG 900/9000 is not an automatic data processing machine or a unit thereof. Rather, it provides architecture for secure web (Internet) communications, WAN (Wide Area Network) optimization, and accelerates the delivery of web-enabled business applications. It is not covered by heading 8471 when presented separately, even if it meets all of the conditions in Note 5 (C). Note 5 (D) (ii) to Chapter 84, HTSUS, excludes apparatus for the 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). Apparatus that executes these functions are provided for within heading 8517. As such, subheading 8471.80.9000 is inapplicable.
The applicable subheading for the blue coat full proxy edition ProxySG 900/9000 will be 8517.62.0050, 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): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: 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 Hackett at (646) 733-3015.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division