CLA-2-85:OT:RR:NC:N1:109

Mr. Michael E. Murphy
Baker & McKenzie LLP
815 Connecticut Avenue, N.W.
Washington, DC 20006

RE: The tariff classification of a satellite antenna from an undisclosed country of origin

Dear Mr. Murphy:

In your letter dated November 8, 2012, you requested a tariff classification ruling on behalf of your client, ViaSat, Inc.

The merchandise in question is the Ka-band Satellite Antenna (Model VA-73 Broadband Gateway Earth Station Antenna). This item enables the delivery of high-speed Internet and other broadband services (video, music, photos, VoIP, etc.) to residential, business and government customers over satellite. The antenna is comprised of a 7.3 meter Ka-band reflector which sits on a motorized mount equipped with a large work platform. It includes a hub area which houses radio frequency (RF) electronics and mount drive components.

The Gateway Antenna is an integral component of a broadband-over-satellite networking system which consists of: A Ka-band satellite; Multiple Gateway Earth Stations which contain a Ka-band satellite antenna inclusive of RF equipment, a satellite modem, and a network server and other network traffic processing/management equipment; and User Terminals that are comprised of a satellite modem (similar to a cable or DSL modem) and a small Ka-band satellite antenna, which reside at the customers’ premises.

In use the Gateway Antenna allows for two-way communication between the Ka-band satellite and the Internet. A normal link through the system would operate as follows:

User Terminal to Internet: The User Terminal receives an Internet signal (bits) from the computing devices on the local area network to which it is connected. The internet signal is modulated into a radio frequency (RF) signal and is transmitted to the satellite. The satellite receives the RF signal from the User Terminal and routes that signal to the Gateway Antenna. The Gateway Antenna receives the RF signal from the satellite, amplifies and demodulates that signal into an Internet signal (bits), and transmits the signal to the Internet, where it is routed to the final destination.

Internet to User Terminal: The final destination returns an Internet signal (bits) via the Internet backbone to the Gateway Antenna. The Gateway Antenna receives the Internet signal, modulates it into an RF signal and transmits that signal to the satellite. The satellite receives the RF signal from the Gateway Antenna and routes that signal to the User Terminal. The User Terminal receives the RF signal from the satellite, amplifies and demodulates that signal into an Internet signal (bits), and transmits that Internet signal to the computing devices connected to the User Terminal’s local area network.

The applicable subheading for the Ka-band Satellite Antenna (Model VA-73 Broadband Gateway Earth Station Antenna) 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 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 Steven Pollichino at (646) 733-3008.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division