CLA-2-84:RR:NC:1:110 D84658
Mr. Craig M. Schau
Emery Customs Brokers
6940 Engle Road, Suite A
Middleburg Heights, OH 44130
RE: The tariff classification of Router switches from Ireland.
Dear Mr. Schau:
In your letter dated November 6, 1998, on behalf of Fore
Systems, you requested a tariff classification ruling.
The merchandise under consideration involves two models of
router switches (ESX-2400 and ESX-4800) that are designed for use
as LAN Ethernet switches.
The ESX-4800 is an eight-slot 10/100/1000 modular chassis,
with optional ATM OC-12 uplink support. It incorporates up to 48
ports of Gigabit Ethernet, 384 ports of 10/100 Ethernet, and 38
Mpps processing at layer-2, layer-3, and layer-4. The ESX-2400
is a four-slot 10/100/1000 modular chassis, that offers bandwidth
scalability for "pay-as-you-grow" networking performance. It
offers exactly half of the capacity and density of the ESX-4800
platform, with up to 24 ports of Gigabit Ethernet. These
switches enable high quality transport of multimedia streaming,
voice, and collaborative applications across a heterogenous frame
and cell environment.
These router switches appear to be composite machines noting
Legal Note 3 to Section 16 of the HTS. It is noted however that
the ATM OC-12 ports are optional with these switches, which
suggests these are principally used with LAN applications. The
literature provided appears to support the argument that these
are primarily used as a multi-port data routing link between
desk-level PC's, mainframe access terminals or small LAN networks
and servers to form a routing bridge between the different LAN
data application flows. The literature also indicates a
principal use with LAN for such equipment as LAN campus backbone,
aggregation switch for large server farms or wiring closets, and
ISP POP LAN's.
Both of these models would meet the definition of a "unit"
of an ADP system, noting Legal Note 5 (B) to Chapter 84 of the
HTS. Since they appear to be principally used for the
interconnection of ADP processors to other ADP units within the
framework of a LAN system, they would fall under the definition
of a control or adaptor unit. Note also NY Ruling C86404 and HQ
Ruling 961364 for similar merchandise.
The applicable subheading for the Router switches will be
8471.80.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for control or adapter units. 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 Art
Brodbeck at 212-466-5490.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division