CLA-2-85:OT:RR:NC:N1:109
Brenda Braiser
Lindsay BroadBand Inc.
2035-2 Fisher Dr.
Peterborough, Ontario
Canada K9J6X6
RE: The tariff classification of a wireless hardened access point from Canada
Dear Ms. Braiser:
In your letter, received by this office on March 14, 2013, you requested a tariff classification and country of origin ruling.
The item concerned is referred to as the Lindsay Broadband SMHAP (Strand Mounted Hardened Access Point). A SMHAP is a wireless access point that is optimized for use by Cable TV systems operators. These access points allow for wireless connectivity to the Internet, through a particular network provider. They create what is known as a “HotSpot”. A “HotSpot” is an area where Wi-Fi (Wireless Fidelity) radio signals can be picked up by a computer/tablet/cellphone that has Wi-Fi capability. Through this wireless connection the internet can be accessed. Hotspots” are commonly found in airports, libraries, hotels, cafes, etc.
In use the Lindsay Broadband SMHAP would be mounted to an HFC network (hybrid fiber cable network) at any power-passing tap, splitter, or coupler. In essence it would be connected to a network along a run of exterior cabling. This would provide access to the network/internet through the use of the Wi-Fi service. The item incorporates a power supply, a wireless radio, cable modem, antenna, interface circuit board, etc. These components are incased in a die cast aluminum housing of clamshell design. The housing incorporates various connection ports and uses dual gaskets to insure a water tight seal.
The applicable subheading for the Lindsay Broadband SMHAP (Strand Mounted Hardened Access Point) will be 8517.62.0050, 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): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other." The general rate of duty will be free.
Additionally, you requested a country of origin determination. The item concerned is assembled in Canada from what appears to be components of various countries of origin. Since the assembly process takes place in Canada we have to apply the country of origin rules imposed by NAFTA. Unfortunately, we do not have enough information to make that determination. Please resubmit a separate country of origin determination request which provides a complete listing of all the components that make up this device, their country of origin, their respective tariff classification and their value. Also provide an explanation as to their individual use/function within the overall device.
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