CLA-2-85:RR:NC:MM:109 R02506

Ms. April L. Dyar
Scientific Atlanta, Inc.
Worldwide Trade Export Compliance
5030 Sugarloaf Parkway
M.S. 5.3.462
Lawrenceville, GA 30042

RE: The tariff classification of an optical transmitter from China

Dear Ms. Dyar:

In your letter dated August 30, 2005, you requested a tariff classification ruling.

The merchandise subject to this ruling is an optical transmitter. It is identified within your letter as Model 64XX. This DFB (distributed feedback laser) optical transmitter is an electro-optical device with an 870 MHz bandwidth and 1310/150nm wavelength. Your letter states that although these types of optical transmitters have been used for TV video transmission of NTSC (National Television Standards Committee) or PAL (Public Access Line) television signals over optical fiber for a CATV (CAble TeleVision) distribution, the principle use for this equipment has expanded to include data transmission.

The Model 64XX optical transmitter was designed for use by cable operators to provide more customer servicing options than just pay television, including voice and data transmission. It resides in the CATV head-end for transmission to line equipment and customer premise equipment for the distribution of video/voice and data transmission. These units convert electrical signals into optical signals via a laser diode and transmit optical signals to field optical receiver devices, which convert it back to its corresponding NTSC signal. Along the transmission path there may be amplifiers and/or line extenders, but they are not part of the optical transmitter.

The applicable subheading for the optical transmitter (Model 64XX) will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “ Other apparatus for carrier-current line systems or for digital line systems: Other: Telegraphic: Other.” 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division