CLA-2-85:OT:RR:NC:N1:109
Mr. Jose G. Castro
Trade Compliance Analyst
Symbol Technologies, Inc., subsidiary of Motorola, Inc.
5400 George McVay Drive
McAllen, TX 78503
RE: The tariff classification of an AP-7131 Access Point and a WS-2000 Wireless Switch from China
Dear Mr. Castro:
In your letter dated November 30, 2010 you requested a tariff classification ruling on an MC3190-Z, an AP-7131 Access Point and a WS-2000 Wireless Switch. Your submission does not provide sufficient information regarding the MC3190-Z in order for this office to determine its classification. As such, this ruling will only deal with the classification of the AP-7131 Access Point and a WS-2000 Wireless Switch. Below you will find a request for information regarding the MC3190-Z, which this office needs in order to provide a classification response.
The merchandise subject to this ruling is an AP-7131 Access Point and a WS-2000 Wireless Switch.
The AP-7131 Access Point is an 802.11a/b/g/n adaptive services access point that delivers the performance, coverage, reliability and security required to enable a wireless enterprise. The band-unlocked tri-radio expandable design provides simultaneous support for three major networking functions; high-speed wireless data, voice, and video services for client access, self-healing mesh networking, and Wireless Intrusion Prevention Systems (IPS) sensor functionality for around the clock protection of the network.
As a stand-alone access point, the AP-7131 provides small to medium-sized businesses and enterprise branch offices with a consolidated wired and wireless networking infrastructure, all in a single device. The integrated router gateway, 3G WAN backhaul, firewall, DHCP and AAA (authentication, authorization, and accounting) Radius servers, IPSec VPN, hot-spot gateway, and Power-over-Ethernet (PoE) simplifies and reduces the costs associated with networking by eliminating the need to purchase and manage multiple pieces off equipment. All traffic between the adaptive access points and the wireless controller is secured through an encrypted tunnel. In the event of a WAN distribution or core network failure, this fully independent configuration offers a remote site survivability that enables the delivery of secure uninterrupted wireless service in the remote location, offering unparalleled network resiliency. The versatile AP-7131 also plays a crucial role in large distributed enterprises. When deployed in adaptive AP mode, this fully featured intelligent access point can be centrally configured and managed via a Motorola wireless controller in either corporate headquarters or a network operations center (NOC). In the event of a WAN distribution or core network failure, the remote site survivability feature enables the AP-7131 to revert to stand-alone mode, ensuring the delivery of secure uninterrupted wireless service in remote locations, providing unparalleled network resiliency.
The WS-2000 Wireless Switch is an all-in-one solution that simplifies and reduces the costs of managing wired and wireless 802.11a/b/g networks in enterprise branch offices. The integrated router, gateway, firewall, Power-over-Ethernet (PoE) eliminates the cost of purchasing and the complexity of managing multiple pieces of equipment.
The WS-2000 provides secure wireless and wired network services to enable data, voice, video, and mobility in the enterprise. Support for Wi-Fi multimedia extensions (WMM U-APSD) and SIP Call Admission Control enables the WS-2000 to provide peak performance for voice and video. Its Smart Scan enables faster roaming by performing an opportunistic channel scan and providing a list of nearby available channels. Integrated wired and wireless IDS/IPS features detect and stop attacks originating from wired or wireless hosts from the local area network (LAN) to the Internet. Support for all the latest security protocols keeps the user’s network and data secure, including WPA2, integrated AAA (authentication, authorization, and accounting) server for authenticating users, rouge access port/point (AP) detection and containment, Anomaly Analysis, stateful packet inspection firewall with extension Application Layer Gateway (ALG) support, URL filtering, IP routing, and IP filtering.
The WS-2000 is packed with built-in RF management features, controlling the power and channels of the APs, providing a high performance and resilient network connection. It is suited for hotspots enabling hotels, airports, lounges, restaurants to offer convenient access to the Internet, email, and corporate applications to guests, travelers, and patrons. The WS-2000 reduces the complexities and costs associated with deploying, managing, securing, upgrading, and scaling wired and wireless networks.
You suggested Harmonized Tariff Schedule of the United States (HTSUS) subheading 8517.61.0000, 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): Base stations”, as the classification for the AP-7131 Access Point and a WS-2000 Wireless Switch. However, the AP-7131 Access Point provides simultaneous support for high-speed wireless data, voice, video services, self-healing mesh networking and wireless intrusion prevention, and secures all traffic between the adaptive access points and the wireless controller through an encrypted tunnel. The WS-2000 Wireless Switch provides secure wireless and wired network services to enable data, voice, video, mobility, and is uniquely suited for hotspots, enabling users in hotels, airports, lounges, and restaurants to access the Internet, email, and corporate applications. As such, both the AP-7131 Access Point and the WS-2000 Wireless Switch are devices that transmit and receive voice, data, and other images within a wired or wireless network, and not devices that merely extend or strengthen a telecommunication signal as a base station would. Therefore, subheading 8517.61.00.0000 is inapplicable. The instant merchandise is more specifically provided for as transmission and reception apparatus within subheading 8517.62.0050.
The applicable subheading for the AP-7131 Access Point and a WS-2000 Wireless Switch 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/.
We are returning any related samples, exhibits, etc. that you have furnished along with your ruling request. Your inquiry does not provide enough information for us to give a classification ruling on the MC3190-Z. We need specific factual information on this merchandise in order to issue a ruling. As such, please provide a response to the information requested below. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please refer to our file number N135365 and include all of the material that we have returned to you regarding the MC3190-Z. You can mail your request to U.S. Customs and Border Protection, Customs Information Exchange, Binding Rulings Section, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Denise Faingar. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.
1 – Please provide an operator’s manual for the MC3190-Z.
2 – Does the MC3190-Z have any hardware or software blocks preventing the end user from downloading any operating system or off-the-shelf software to this device?
3 – Is the data collected by this model transmitted to a server to be saved or is it stored in the device itself?
4 – Is the 1G flash memory the ROM?
5 – How is this model different than the MC17 mobile computer?
6 – How is the user able to modify word processing and spread sheet functions in this device?
7 – You state this model utilizes a Windows Mobile 6.5 operating system (OS). Is the OS an open system with a programming tools software development kit for users to create various programs and download a variety of software applications from multiple sources? Please explain the programming tools the user can use with this device.
8 – What are Application Programming Interfaces? What is application development and how does the user do it. Is it just creating a shortcut to a URL? Please explain fully.
9 – Please list all its functions and list its principal function.
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. If you have any questions regarding this office’s request for information on the MC3190-Z please contact National Import Specialist Denise Faingar at (646) 733-3010.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division