CLA-2-85:RR:NC:MM:109
Mr. Richard H. Abbey, Esquire
Miller & Chevalier Chartered
655 Fifteenth Street, NW
Suite 900
Washington, DC 2005-5701
RE: The tariff classification of a transmit optical sub-assemblies (TOSA), a receive optical sub-assemblies (ROSA), and a bi-directional optical sub-assemblies (BOSA) from an unspecified country; Correction to Customs Ruling Number N035464
Dear Mr. Abbey:
This ruling is being issued to correct Customs Ruling Number N035464, dated September 10, 2008. The ruling mis-described the TOSA as carrying out the function of an optical transmitter, ROSA as carrying out the function of an optical receiver, and the BOSA as carrying out the function of an optical transceiver. As per your subsequent correspondence, it is now realized that the optical transmitter, optical receiver, optical transceiver, the TOSA, the ROSA, and the BOSA are separate items. The entire corrected ruling follows.
In your letter dated, August 11.2008, you requested a tariff classification ruling on behalf of your client ExceLight Communications, Inc.
The merchandise subject to this ruling is an optical transmitter, an optical receiver, an optical transceiver, a transmit optical sub-assemblies (TOSA), a receive optical sub-assemblies (ROSA), and a bi-directional optical sub-assemblies (BOSA).
The optical transmitter consists of a printed circuit board, optical connector receptacle, transmit optical assembly (TOSA), a metal and/or plastic package, and electrical interface. The printed circuit board contains the associated control circuitry to operate the module. A network equipment element provides an electrical input to the transmitter, which it then converts to an optical output for transmission over optical fiber in a communications system. As such, the optical transmitter performs a transmission function within a telecommunications network.
The optical receiver consists of a printed circuit board, optical connector receptacle, receive optical sub-assembly (ROSA), a metal and/or plastic housing, and electrical interface. The printed circuit board contains the associated control circuitry to operate the module. An optical input from the communications system is provided to the receiver, which it converts to an electrical output that is then provided to a network equipment element. As such, the optical receiver performs a reception function within a telecommunications network.
The optical transceiver consists of a printed circuit board, optical connection interface, transmit optical sub-assembly (TOSA), receive optical sub-assembly (ROSA), metal and/or plastic housing, and electrical interface. In some cases, a bi-directional optical sub-assembly (BOSA) is used instead of the TOSA and ROSA. The printed circuit board contains the associated control circuitry to operate the module. The optical transceiver provides the function of converting an electrical input to an optical output in the transmit portion of the module and converting an optical input to an electrical output in the receive portion of the module. As such, the optical transceiver performs a transmission and a reception function within a telecommunications network.
The transmit optical sub-assemblies (TOSA) consists of a laser diode, optical interface, monitor photodiode, metal and/or plastic housing, and electrical interface. Depending upon the required functionality and application, other components may be present as well including filter elements and isolators. You have informed this office that your client has verified that the TOSA does not execute a separate function on its own, but assists in the transmission of the optical transmitter and the optical transceiver.
The receive optical sub-assemblies (ROSA) consists of a photodiode, optical interface, metal and/or plastic housing, and electrical interface. Depending upon the required functionality and application, other components may be present as well including amplifiers. You have informed this office that your client has verified that the ROSA does not execute a separate function on its own, but assists in the reception of the optical receiver and the optical transceiver.
The bi-directional optical sub-assemblies (BOSA). Depending upon the required functionality and application, other sub-components may be present such as amplifiers. The BOSA replaces both the TOSA and ROSA within older optical data links (ODL). You have informed this office that your client has verified that the BOSA does not execute a separate function on its own, but assists in the transmission and reception of the optical transceiver.
The applicable subheading for the optical receiver, an optical transceiver 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.
The applicable subheading for the optical transceiver will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.”
The applicable subheading for the transmit optical sub-assemblies (TOSA), a receive optical sub-assemblies (ROSA), and a bi-directional optical sub-assemblies (BOSA) 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.
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