HQ 083966: Computer controlled variable optical precision attenuators

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 083966

                                    June 14, 1989

          CLA-2  CO:R:C:G  083966  KK

          CATEGORY:  Classification

          TARIFF NO.:  9031.40.00

          Mr. J.G. Bradford
          Contract Services Organization
          Purchasing and Transportation
          AT&T
          P.O. Box 25000
          Greensboro, NC 27420

          RE:  Computer controlled variable optical precision attenuators

          Dear Mr. Bradford:

                Your request of February 14, 1989, for a binding ruling
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA), regarding the tariff classification of the
          JDS Series 7000 attenuators was referred to this office for a
          direct reply to you.

          FACTS:

                The JDS Series 7000 attenuators are IEEE-488 bus control
          instruments which are computer controlled.  The attenuators are
          used with optical power meters and bit error rate testing
          instruments for laboratory testing of such instruments.

          LAW AND ANALYSIS:

                On June 7, 1989, Customs issued a binding classification
          ruling (file 084357) regarding the JDS Series 7000 attenuators.
          In that ruling, it was determined that said attenuators are
          properly classifiable in subheading 9031.40.00, HTSUS, which
          provides for "[m]easuring or checking instruments . . . [o]ther
          optical instruments and appliances."  Insofar as the merchandise
          for which you have requested a binding classification ruling is
          the same as the merchandise classified in our letter of June 7,
          1989, the same is classifiable in subheading 9031.40.00, HTSUS.
          For your information, we have enclosed a copy of our ruling of
          June 7, 1989.

















                                        - 2 -


          HOLDING:

                The JDS Series 7000 attenuators are properly classifiable
          in subheading 9031.40.00, HTSUS, which provides for "[m]easuring
          or checking instruments . . . [o]ther optical instruments and
          appliances," dutiable at the rate of 10 percent ad valorem.

                                              Sincerely,




                                              John Durant, Director
                                              Commercial Rulings Division


          Enclosure