CLA-2-90:OT:RR:NC:4:414
TARIFF NOS.: 9027.50.4060; 9030.40.0000
Mr. Stewart Thompson
JDS Uniphase Corp.
61 Bill Leathem Drive
Ottawa, Ontario
Canada K2J0P7
RE: The tariff classification of MTS/T-BERD Products from France, Germany and Mexico
Dear Mr. Thompson:
In your letter dated June 7, 2010 you requested a tariff classification ruling.
You are requesting a ruling on imports of Media Test Sets and T-1 Bit Error Rate Detectors, referred to as MTS/T-BERD products. The MTS/T-BERD products are the MTS/T-BERD 4000 equipped with the Copper Services Module, the MTS/T-BERD 5100 Optical Time Domain Reflectometer (OTDR), the MTS/T-BERD 6000 and the 6000A, and the MTS/T-BERD 8000.
Your letter indicates that the MTS/T-BERD products are test platforms. The MTS/T-BERD test platforms are designed specifically for the purpose of communication network test and measurement. The MTS/T-BERD test platforms are not capable of testing or measuring any factor, until the optional modules or other optional devices are installed or connected to the test platforms. The design of the MTS/T-BERD test platforms allows them to be configured as required to enable the test platforms to perform a broad range of test and measurement functions across most communication network standards. The factors measured by the MTS/T-BERD test platforms are dependent on the installed optional modules or connected optional devices, as ordered by the customer. The customers for the MTS/T-BERD test platforms are telecommunications network equipment manufacturers. The MTS/T-BERD test platforms are used by the network equipment manufacturers in the development, manufacture and testing of the telecommunications network equipment. The incoming optical signal is checked for level, wavelength and modulation contents. Depending on the module, the wavelength ranges are 850 nanometers, 1310 nanometers, 1550 nanometers or 1625 nanometers. Also, the Copper Services Module of the MTS/T-BERD 4000 performs electrical tests.
The JDSU website, www.jdsu.com/product-literature/4000COPPER_ds_tfs_tm_ae.pdf, states that the JDSU MTS/T-BERD 4000 Multiple Services Test Platform Copper Services Module has as its first key feature – “Complete copper testing from POTS through full-spectrum VDSL/VDSL2 up to 30 MHz.” POTS stands for “Plain Old Telephone Service.”
Its specifications of measurements performed include AC and DC voltage in volts, DC current in milliamps, and resistance in ohms.
The Copper Service Module’s combined functions in measuring or checking electrical quantities, at minimum, equally merit consideration in providing the essential character to the whole compared to the combined functions described in any heading earlier in the HTSUS.
The MTS-5100 optical time domain reflectometer (OTDR) is a hand-held, modular field testing device. Its applications are continuity testing with a 635 nanometer visual fault locator, simple fault locator and traffic functions, multimode and single mode OTDR loss test plug-ins and FTTx/PON applications.
The MTS/T-BERD 6000 test platform is designed for the installation and maintenance of fiber networks. Its applications are as a fault locator, OTDR and power level testing, dense wavelength division multiplexer testing, PMD and spectral attenuation profiling, chromatic dispersion testing, and insertion loss and optical return loss testing.
The MTS/T-BERD 6000A test platform is designed for all phases of network lifecycle from the installation to the maintenance of fiber networks. The applications are in OTDR and power level testing, triple play with IPTV testing, SONET/SDH testing, PMD and spectral attenuation profiling, chromatic dispersion testing, insertion loss and optical return loss testing and optical spectrum analysis.
You state that there are more than 40 OTDR modules for the MTS/T-BERD 6000 and 6000A platforms. The main differences in modules are the operating wavelengths and the bit rate of the measured signal.
The MTS/T-BERD 8000 is an optical test platform for installation and maintenance of networks. The applications are OTDR and power level testing, optical interfaces with 10GigE LAN and 1 GigE optical interfaces, 10/100/1000 Mb/s electrical Ethernet interfaces, SONET/SDH testing at various rates, T-carrier/PDH testing at various rates, dense wavelength division multiplexing and ROADM testing, PMD and spectral attenuation profiling, loss and optical return loss testing, chromatic dispersion testing and optical spectrum analysis.
The applicable subheading for the Copper Services Module of the MTS/T-BERD 4000 will be 9030.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other instruments and apparatus for measuring electrical quantities, which are specially designed for telecommunications. The rate of duty will be free.
The applicable subheading for the MTS 5100 optical time domain reflectometer will be 9027.50.4060, Harmonized Tariff Schedule of the Unites States (HTSUS), which provides for instruments and apparatus for physical or chemical analysis; instruments and apparatus for measuring or checking quantities of heat, sound, or light: other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): electrical. The rate of duty will be free.
The applicable subheading for the MTS/T-BERD 6000, 6000A and 8000, equipped with fiber modules including optical time domain reflectometers, will be 9027.50.4060, Harmonized Tariff Schedule of the Unites States (HTSUS), which provides for instruments and apparatus for physical or chemical analysis; instruments and apparatus for measuring or checking quantities of heat, sound, or light: other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): electrical. 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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division