CLA-2-85RR:NC:MM:109 R03164

Ms. April L. Dyar
WW Trade Compliance Specialist
Scientific-Atlanta, Incorporated
5030 Sugarloaf Parkway
Lawrenceville, GA 30044

RE: The tariff classification of a Gainmaker((GM) Optoelectronic Node from Mexico

Dear Ms. Dyar:

In your letter dated January 24, 2006, you requested a tariff classification ruling.

The merchandise subject to this ruling is identified in your letter as the Gainmaker( (GM) Optoelectronic Node. The GM Node is designed for fiber network architectures. These optoelectronic units are used for delivering video (digital and analog), as well as high-speed data services over advanced hybrid fiber/coax (HFC) networks.

The GM Node consists of a coating housing to withstand harsh operational environments. These units incorporate a fiber receiver module, a reverse fiber transmitter module and RF amplifier electronics. These units are not used exclusively for the transmission of video for television, but rather multiple service transmissions including voice and data. These apparatus are based upon the modulation of a light beam by analog or digital signals. Use is made of the carrier-current modulation technique or some other digital system for the transmission of various types of information (i.e. characters, graphics, images or other data, etc.).

The applicable subheading for the Gainmaker( (GM) will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for carrier-current line systems or for digital line systems: Other: Telegraphic: 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