CLA-2-85:OT:RR:NC:N1:109
Mark Brandt
Inventory Supervisor
Telect, Inc.
1730 N. Madson Street
Liberty Lake, WA 99019
RE: The tariff classification of base and integrated outdoor enclosures from various countries
Dear Mr. Brandt:
In your letter dated June 16, 2008, you requested a tariff classification ruling.
The items subject to this ruling are Outdoor Enclosures. You state that your company manufactures outdoor enclosures in various countries such as; Mexico, China and Poland. Telect imports these enclosures into your Plano Distribution facility where they are shipped to customers in the United States and throughout the world.
These enclosures are designed specifically to house telecommunications equipment that provides back-up power, switching and signal boosting. They contain fans and a controller card to provide cooling for optional components. Typical applications are at sites where cellular antennas connect to existing telecommunications infrastructure and between main office switches and the end user. These enclosures have a powder coated finish and are gasket sealed to provide maximum weather resistance. A diagram of one of the uses has been included with this ruling.
These enclosures will be sold as a base enclosure and/or as a fully or partially integrated unit, based upon your customer’s specifications. You have included photos of basic enclosures and integrated enclosures. The integrated enclosures generally include back-up battery systems and power protection, as well as rectifiers to help boost and modulate signal strength.
You suggest that the integrated enclosure should be classified under 8517.62.0050 and that the base enclosure should be classified under 8517.70.0000. However, based on the information you provided, in addition to the fans and a controller card that the base enclosure contains, the integrated enclosures will also have back-up battery systems, power protection, and rectifiers. None of these components enable the base enclosure or the integrated enclosure to receive, convert, transmit or regenerate voice, images, or other data, nor does it provide for switching and routing of voice, images, or other data, which subheading 8517.62.0050 provides for. The base enclosure and the integrated enclosure are housings for telecommunications apparatus. As such, the most appropriate classification for both the base enclosure and the integrated enclosure is under subheading 8517.70.00, which provides for parts of telecommunications apparatus.
The applicable subheading for the base and integrated outdoor enclosures will be 8517.70.0000, 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 local area network): Parts.” 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