CLA-2-84:S:N:N1:110 884918
Mr. F. David Foster
Ablondi & Foster, P.C.
1130 Connecticut Avenue, N.W.
Suite 500
Washington, D.C. 20036
RE: The tariff classification of optoelectronic signal
conversion modules and component parts from Japan.
Dear Mr. Foster:
In your letter dated April 6, 1993, on behalf of Sumitomo
Electric Fiber Optics Corp., you requested a tariff
classification ruling.
The merchandise under consideration involves various models
of optical data link products and the major subassemblies that
are imported separately at times. These modules are sold to OEMs
of automatic data processing systems and incorporated directly
into such systems. Within the ADP system, these modules perform
the functions of ADP signal conversion, transmission and
reception. They are specifically designed to permit electrical
signals to be converted into optical signals, and vice versa, in
order to allow for the manipulation and movement of data in
optical form within an ADP system. They are principally used in
such units as digital processing units, control units, disk
storage units, and in local area networks (LANS).
Models such as the SDM3101-XF, SDM3201-XB, and ES-9202-1,
are all FDDI optical transceivers that are ideally suitable for
high data rate network applications such as FDDI backbone systems
and front end networks, CPU to CPU, and CPU to peripheral
communications links. The majority of these optical transceivers
are approximately 64 mm in length, 37 mm in width, and 12 mm in
height.
The major subassemblies that are imported separately at
times consist of an OE (optical-electrical) mount or ROSA (a
receiver optical subassembly), an EO (electrical-optical) mount
or TOSA (a transmitter optical subassembly), and the
wiring/circuit board subassembly used to connect the signal to
and from data processing circuits in the ADP systems. Each of
these three subassemblies are designed and used specifically for
the completed Sumilink modules.
Noting Legal Note 5 (B) to Chapter 84 of HTS, these
optoelectronic signal conversion modules meet the definition of a
"unit" of an ADP system. They have the essential character of an
ADP signal conversion unit and would thus fall under the
definition of a control or adapter unit under heading 8471. The
subassemblies, such as the TOSA, ROSA, and circuit board, do not
have the essential character of a finished ADP unit, and would
thus be considered a part of the ADP unit. Please note HQ Ruling
952554 of January 4, 1993, that ruled on very similar
merchandise.
The applicable subheading for the optoelectronic signal
conversion modules will be 8471.99.1500, Harmonized Tariff
Schedule of the United States (HTS), which provides for control
or adapter units. The rate of duty will be free.
The applicable subheading for the subassemblies (ROSA, TOSA,
and circuit board) will be 8473.30.4000, HTS, which provides for
parts and accessories of the machines of heading 8471. The rate
of duty will be free.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport