CLA-2-85:OT:RR:E:NC:N1:109
Mr. Jose G. Castro
Trade Compliance Analyst
Symbol Technologies, Inc.
5400 George McVay Drive
McAllen, Texas 78503
RE: The tariff classification of AirDefense Enterprise wireless intrusion prevention system from Philippines
Dear Mr. Castro:
In your letter dated November 24, 2008, you requested a tariff classification ruling. The merchandise subject to this ruling is the AirDefense Enterprise wireless intrusion prevention system models 1250, 3650, 4250 and Enterprise sensors Models 510 and 520.
The AirDefense Enterprise models 1250, 3650 and 4250 are wireless intrusion prevention systems (IPS). The AirDefense Enterprise models are designed to constantly monitor for rogue Wireless Access Point (WAP) detection and mitigation, intrusion detection, policy monitoring and remote troubleshooting. AirDefense IPS uses collaborative intelligence with secure sensors that work in tandem with a hardened purpose-built server appliance to monitor all 802.11 (a/b/g) wireless traffic in real time.
The AirDefense Enterprise solution consists of at least one AirDefense Enterprise Appliance (models 1250, 3650, 4250) and many wireless sensors (models 510 and 520) monitoring the network. The Sensors make Secure Sockets Layer (SSL) connections to the AirDefense Enterprise Appliance, transmitting information about wireless traffic observed throughout the network. The AirDefense Enterprise Appliance is responsible for synthesizing this information into a cohesive understanding of the network, and identifying issues with rogue devices or network attacks.
The AirDefense Enterprise Appliance runs on Linux Operating System (OS) distribution on an x86-based hardware platform. The OS is created by AirDefense from the Fedora distribution with unnecessary portions removed. AirDefense installs the OS as a single package with one application that contains two components: a C component (Core) consisting of a few executables and a Java component (Interface) consisting of several Java Archives running in the Java Runtime Environment.
AirDefense Model 510 and 520 sensors passively observe and receive all wireless LAN traffic, analyzes the 802.11 frames, extracts meaningful data points to determine key attributes and transmits these to the server appliance (models 4250, 3650, 1250). The sensor contains two radios (one 802.11a and one 802.11b/g) and scans both frequency bands (2.4 GHz and 5 GHz) simultaneously.
These models are able to accurately detect all wireless attacks and anomalous behaviors by analyzing existing and day-zero threats in real-time against historical data. With context-aware detections, correlation and multi-dimensional detection engines, AirDefense detects only meaningful security events and maintains the lowest rate of false positive alarms.
You have suggested classification under subheading 8471.80.9000 for Enterprise models 1250, 3650 and 4250. Subheading 8471.80.9000 provides for other units of automatic data processing machines. Effective February 3, 2007 in accordance with Note 5(d) (ii) to Chapter 84 Heading 8471 does not cover apparatus for the transmission or reception of voice images or other data, including apparatus for communication in a wired or wireless network such as LAN. Therefore, since this merchandise transmits and receives wireless traffic within a LAN environment, Heading 8471 is inapplicable. Wireless transmission and reception apparatus within a LAN environment are provided for in Heading 8517.
The applicable subheading for the AirDefense Enterprise wireless intrusion prevention system model 1250, 3650, 4250 and Enterprise sensors Model 510 and 520 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 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 Linda M. Hackett at 646-733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division