CLA-2-85:OT:RR:NC:N1:109
Ms. Annelori Roder
Solidfire, Inc.
1600 Pearl Street, Suite 200 Boulder, CO 80302
RE: The tariff classification of a fibre channel “gateway” device. Dear Ms. Roder: In your letter dated February 5, 2015, you requested a tariff classification ruling from an unspecified country of origin. The merchandise at issue is identified as the “Solidfire FC0025,” also called the “Fibre Channel.”
This network device is used to transfer and receive communication data between a customer’s operating system and Solidfire’s storage units. You state that the fibre channel device is not connectable to, nor does it require a computer to convert the data. It also doesn’t contain any solid state or hard disk memory drives. It merely acts as a “gateway” for the transmission and reception of data between the operating system and the storage unit. You suggest that the fibre channel device be classified under subheading 8471.80, which provides for in pertinent part; “Other units of automatic data processing machines.” We disagree with this suggested classification based upon Legal Note 5(D)(ii) to Chapter 84, Harmonized Tariff Schedule of the United States, (HTSUS), which precludes the classification in heading 8471 of apparatus (when presented separately) for the 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).
You state that the fibre channel device is manufactured in the United States with the intention of exporting to other countries. Please be advised that classification rulings issued by this office are applicable to the product in question when imported into the United States. Since you also plan to export this product, it is recommended that you seek a ruling from the designated customs service of those countries prior to export.
The applicable subheading for the “Solidfire FC0025,” fibre channel device will be 8517.62.0050, HTSUS, which provides for: “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” 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 Steven Pollichino at [email protected]. Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division