CLA-2-90:S:N:Nl:Cl5 888654

Mr. Arne Midtskog
Midtskog & Associates
17221 N.E. 152nd Street
Woodinville, Washington 98072

RE: The tariff classification of an Opticall Fiber Optic Talk Set from the United Kingdom

Dear Mr. Midtskog:

In your letter of July 19, 1993, on behalf of Chesilvale Electronics Ltd. Corp., you requested a tariff classification ruling.

The Opticall Fiber Optic Talk Set is used exclusively on disconnected or "dark" (dead) fiber. It provides an intercommunication facility between two distant sites by transmitting and decoding digital light signals sent along the fiber. Additionally it provides two test features:

(I) A stabilized light source (constant level light output) for optical fiber-optic loss measurement at the remote end; (ii) A special marker tone for fiber-optic identification at the distant end.

The product is used by telecommunications technicians for communications and testing of fiber-optics. Opticall includes a stabilized light source. This is the light equivalent of a constant level tone. If the light level is constant, it is possible to measure the light level (with a light level meter) at the source and then measure it again at the far end of the fiber. The difference is the optical loss of the fiber. This is an industry standard technique. As described in the submitted brochure, it is a portable, easy-to-use test telephone similar in application to the "butt-in".

The applicable subheading for the Opticall Fiber Optic Talk Set will be 9031.40.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; other optical instruments and appliances, other. The rate of duty will be 10 percent ad valorem.

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 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,

Richard G. McMullen
District Director,
Buffalo, N.Y.