HQ 953204: Allied Telesis, Inc.; Local Area Network Multimedia Concentrators; LAN; Automatic Data Processing Machine; Control or Adapter Units; HQ 952659

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

 

                            HQ 953204
                                                               
                         April 28, 1993

CLA-2 CO:R:C:M  953204 MBR

CATEGORY:  Classification

TARIFF NO.:  8471.99.15

Mr. John J. Marshall
"K" Air Brokerage, Inc.
40-A Broderick Road
Burlingame, CA 94010 

RE:  Allied Telesis, Inc.; Local Area Network Multimedia
     Concentrators; LAN; Automatic Data Processing Machine; Control
     or Adapter Units; HQ 952659 

Dear Mr. Marshall:

     This is in response to your letter of January 7, 1993,
requesting classification of the local area network ("LAN")
Multimedia Concentrators, under the Harmonized Tariff Schedule of
the United States (HTSUS).

FACTS:

     The CentreCOM Multimedia Concentrator ("Concentrator"),
identified in the submitted literature as model AT-5000, is
described as an article used to provide a versatile network
expansion system.  The Concentrator creates networks utilizing
different media, supporting any mix of thicknet, thinnet and fiber
optics within a single enclosure.  The submitted literature also
states that the concentrators provide unmatched flexibility in
network design, with up to nine individual modules installed in one
concentrator.  These concentrators may be used as either a stand
alone network for a cluster of stations or as a concentrator for
multiple stations accessing a single network.  The importer also
states that the Concentrators are used in a LAN to connect
terminals or computers to a data processing network, and are
designed to connect equipment utilizing coaxial cable with an
Ethernet LAN utilizing twisted pair cabling.  
 
ISSUE:

     Are LAN Concentrators classifiable under subheading
8517.82.00, HTSUS, which provides for electrical apparatus for line
telegraphy, or are they classifiable under subheading 8471.99.15,
HTSUS, which provides for ADP "control or adapter units"?

                              -2- 

LAW AND ANALYSIS:

     Since the HTSUS came into effect there has been a great deal
of controversy regarding the classification of LAN equipment. 
However, there is no clear classification guidance from either the
HTSUS or the Harmonized Commodity Description and Coding System
Explanatory Notes (ENs), primarily due to the technological
advancements in this area.  

     In HQ 952659, dated October 8, 1992, regarding LAN boards, we
cited Legal Note 5(B) to chapter 84, HTSUS, which provides guidance
regarding the classification of units of automatic data processing
machines.  It states:
 
     Automatic data processing machines may be in the form of
     systems consisting of a variable number of separately housed
     units.  A unit is to be regarded as being a part of the
     complete system if it meets all of the following conditions:

     (a)  It is connectable to the central processing unit either
          directly or through one or more other units; and

     (b)  It is specifically designed as part of such a system (it
          must, in particular, unless it is a power supply unit,
          be able to accept or deliver data in a form (code or
          signals) which can be used by the system).

     We agree that the instant Concentrators are connectable to the
CPU either directly or through one or more units.  Furthermore, the
Concentrators are designed to be a constituent unit of an ADP
system, and are able to accept and deliver data. 

     In HQ 952659 we also cited the Harmonized Commodity
Description and Coding System Explanatory Notes (ENs), pages 1299-
1300, which describe the classification scope of the ADP unit
provisions, in pertinent part, as follows:
 
     This heading also covers separately presented constituent
     units of data processing systems.  Constituent units are those
     defined in Parts (A) and (B) above as being parts of a
     complete system.

     Apart from central processing units and input and output
     units, examples of such units include:

     (4)  Control and adaptor units such as those to effect
          interconnection of the central processing unit to other
          digital data processing machines, or to groups of input
          or output units which may comprise visual display units,
          remote terminals, etc.



                               -3-

     We agree that the principal function of the instant
Concentrator is, in fact, to effectuate the interconnection of the
CPU unit to other units or ADP machines, thereby serving "control"
and "adaption" functions. 

HOLDING:

     The Allied Telesis, Inc., LAN Multimedia Concentrators, model
number AT-5000 (Concentrator with modules), is classifiable under
subheading 8471.99.15, HTSUS, which provides for: "[a]utomatic data
processing machines and units thereof: [o]ther: [o]ther: [c]ontrol
or adapter units."  The rate of duty is Free.

                              Sincerely,




                              John Durant, Director