CLA-2-90:OT:RR:NC:4:414
Mr. Stewart J. Thompson
JDS Uniphase Corp.
61 Bill Leathem Drive
Ottawa, Ontario
Canada K2J0P7
RE: The tariff classification of Multiple Application Platforms and Modules from France
Dear Mr. Thompson:
In your letter dated June 8, 2010 you requested a tariff classification ruling.
The Multiple Application Platforms, MAP-200, are mainframe test devices available in three versions. The MAP-230 is a three-slot mainframe, the MAP-280 is a 19 inch rack, eight-slot mainframe with front facing orientation and the MAP-280R is a 19 inch rack, eight-slot mainframe with rear facing orientation.
According to your letter, the MAP-200 mainframes are designed for flexible configuration. Any module, or combination of modules, can be imported with any model of the MAP-200 series, depending on the requirements of the customers. The customers are telecommunications network equipment manufacturers. The MAP-200 mainframes are used in the development, manufacture, and testing of fiber optic telecommunications network equipment.
One of the modules for the MAP-200 mainframes is the mOPM-B1 Optical Power Meter Monitor, which extends the optical power measurement capability of the MAP-2000 by offering three grades of optical power performance. The general purpose power meter operates in the 800-1650 nanometer range, the premium performance power meter operates in the 750 to 1700 nanometer range and the high power meter operates in the 800-1630 nanometer range. You state that the mOPN-B1 Optical Power Meters measure light.
Another of the MAP-200 mainframes modules is the mVOA-A2 Variable Optical Attenuator, which is a stepper motor and filter-based attenuator which provides optical power level control. The single-mode version operates in the 1260-1650 nanometer range, and the multimode version operates in the 750-1350 nanometer range. The mVOA-A2 Variable Optical Attenuator does not measure light, however, it is available with an optional built-in power meter, which enables it to measure light in that configuration.
The MAP-200 and associated modules do not measure electrical quantities. They are designed for use in the test and measurement of fiber optic telecommunications networks. According to your letter, there could be application outside of telecommunications testing, however, the system and the modules are fiber based, so application is always where optical fiber is used, most commonly in telecommunications.
The applicable subheading for the MAP-200, Multiple Application Platform mainframes, models MAP-230, MAP-280 and MAP-280R will be 9027.50.4060, Harmonized Tariff Schedule of the United 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 mOPN-B1 Optical Power Meter will be 9027.50.4060, Harmonized Tariff Schedule of the United 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/.
The question of the classification of the mVOA-A2 Variable Optical Attenuator is being referred to U.S. Customs and Border Protection, Regulations & Rulings, 799 9th Street N.W. -7th Floor, Washington, DC 20229-1177. A ruling will be issued to you from that office.
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