CLA-2-85:RR:NC:N1:109 R03274

Mr. Stewart J. Thompson
Sr. Trade Consultant
JDSU (JDS Uniphase Corp.)
3000 Merivale Road
Ottawa, Ontario K2G 6N7 Canada

RE: The tariff classification of a multi-channel mux/demux module 100 GHz spacing and filter add/drop module 200 GHz spacing from Canada, China and Thailand

Dear Mr. Thompson:

In your letter dated February 13, 2006, you requested a tariff classification ruling.

This ruling concerns the classification of a multi-channel mux/demux module 100 GHz spacing and filter add/drop module 200 GHz spacing.

The multi-channel mux/demux module 100 GHz spacing and the filter add/drop module 200 GHz spacing are devices used solely in long-haul telecommunication line systems for the transmission of voice, video, and data. These communications modules incorporate optical elements. They also contain complex printed circuit assemblies and a number of electronic components, which contribute to the manipulation of optical signals via carrier current systems and/or digital line systems. The optics in addition to the complex electronics within these modules make the optics subsidiary to the functioning of the electronics within the multi-channel mux/demux module and filter add/drop module. As such, they are apparatus for telephony and not optical elements or instruments.

The multi-channel mux/demux module 100 GHz spacing is manufactured using laser weld technology to exceed Telcordia GR-1221 requirements. It demonstrates low loss and reliable performance over an extended temperature  range. This device shows broad (flat and wide) passbands and high isolation, making them ideal for operation with uncooled lasers. They feature up to 16 low dispersion channels, high demux channel isolation, and low insertion loss. They have applications in metro optical networks, access optical networks, enterprise networks, and are Telcordia GR-1209 and 1221 compliance qualified.

The filter add/drop module 200 GHz spacing is manufactured using laser welding technology. The integrated add/drop module components exceed Telcordia GR-1221 requirements. This single channel add/drop module is also available for ITU channel spacings of 100 and 50 GHz, as well as for bands of ITU channels. This module demonstrates temperature insensitivity, and reliable performance in any system application. They are customizable enabling them to be configured by number of channels for any customer-specific channel plan. This module features low insertion, loss, reliability and environmental stability, low polarization dependent loss, flat and wide passbands, high demux channel isolation, and can be customized with tap and multi-channel or band capabilities. It has applications in metro networks, access/enterprise networks, long haul networks, denser channel plans (50 GHz when used in conjunction with an optical frequency interleaver). The applicable subheading for the multi-channel mux/demux module 100 GHz spacing and filter add/drop module 200 GHz spacing 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.

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 Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division