CLA-2-90:OT:RR:NC:4:414
Mr. Stewart J. Thompson
JDS Uniphase Corp.
61 Bill Leathem Drive
Ottawa, Ontario
Canada K2J 0P7
RE: The tariff classification of Optical Network Testers, and Module-E 10G and ONT-100G
Dear Mr. Thompson:
In your letter dated June 1, 2010 you requested a tariff classification ruling.
Optical network testers are fiber optic network telecommunication test devices used by network equipment manufacturers in the development and deployment of their telecommunications transmission equipment. The model numbers are ONT-503 optical network tester, ONT-506 optical network tester and ONT-512 optical network tester. You are also requesting a ruling on Module-E 10G and the ONT-100G module.
According to your letter, the optical network tester mainframes and the modules are designed for flexible configurations. Any module or combination of modules can be imported with any model of optical network tester mainframe, depending on the customer’s requirements. There are no individual modules that can be identified as specific to any one of the three optical network tester mainframes.
Each of the modules measures the physical and/or logical parameters of high bitrate telecommunication signals. The main difference between the modules is the bitrate of the measured signal, e. g. 1.5Mbit/s to 100Gbit/s. The modules operate in wavelength ranges of 850 nanometers, 1310 nanometers or 1550 nanometers, depending on the particular module. The incoming optical signal is checked for level, wavelength and modulation contents. The logical analysis of the signal contents is done after the optical to electrical conversion.
You have stated that the optical network tester mainframes are solely used in fiber optic telecommunications testing and each of the modules that will be incorporated in the optical network tester mainframes is measuring quantities of light.
The ONT-503, the ONT-506 and the ONT-512 models are described as mainframes. The ONT-503 mainframe has three slots. It is a portable instrument, incorporating a 15 inch TFT touch screen. The ONT-506 mainframe has six slots. It is a desktop instrument, incorporating a 15 inch TFT touch screen. The ONT-512 mainframe contains twelve slots. It is a rack
mount mainframe. All three of the mainframe optical network testers, models ONT-503, ONT-506 and ONT-512, accept interchangeable plug-in modules for flexible use.
The module identified as Module-E 10 G supports a combination of built-in optics and pluggable XFPs, which are optical transceivers for communications network equipment. XPF is the acronym for the 10 Gigabit Small Form Factor Pluggable version of the transceiver. The wavelength combinations of 1310 nanometers and 1550 nanometers are built-in and switchable; the wavelength of 850 nanometers is available as a pluggable XFP. According to your letter, the Module-E 10G provides the necessary functionality for testing OTN/SONET/SDH/LAN/WAN networks at different wavelengths.
The ONT-100G module supports testing and verification of new high-speed network elements of 40GE and 100GE Ethernet. The digital data rates for optical communications networks are reaching 40Gb/s (Gigabit per second) and 100Gb/s. The ONT-100G module is designed for use with Ethernet protocols.
You have suggested that the Module-E 10G and the ONT-100G module are classified as parts and accessories of electrical instruments and apparatus: of instruments and apparatus of subheading 9027.50, of articles of subheading 9027.50.40, Harmonized Tariff Schedule of the United States (HTSUS), under subheading 9027.90.54.50, Harmonized Tariff Schedule of the United States (HTSUS). However, for tariff classification purposes, Module-E 10G and ONT-100G are considered to be apparatus, not parts of instruments and apparatus.
The applicable subheading for the Optical Network Testers mainframes, models ONT-503, ONT-506, and ONT-512 will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring or checking quantities of heat, sound or light; other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): other: electrical: other. The rate of duty will be free.
The applicable subheading for the Module-E 10G and the ONT-100G module will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring or checking quantities of heat, sound or light; other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): other: electrical: 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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division