HQ 951717: Andrew Bridgeport Multi-Station Access Units; MAUs; Local Area Network; LAN; ADP Machine; Control And Adapter Unit; HQ 951331; 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 951717

                      October 13, 1992    

CLA-2 CO:R:C:M  951165 MBR

CATEGORY:  Classification

TARIFF NO.:  8471.99.15

Ms. Deborah Kok
International Sales Administrator
Andrew Corporation
19021 120th Avenue Northeast
Bothell, Washington U.S.A. 98011

RE:  Andrew Bridgeport Multi-Station Access Units; MAUs; Local Area
     Network; LAN; ADP Machine; Control And Adapter Unit; HQ
     951331; HQ 952659 

Dear Ms. Kok:

     This is in reply to your letter of February 18, 1992, on
behalf of the Andrew Corporation, requesting the classification of
the Andrew Bridgeport Multi-Station Access Units (MAUs) Local Area
Networking (LAN) equipment, under the Harmonized Tariff Schedule
of the United States (HTSUS).

     We have recently reconsidered the classification of LAN
equipment. See HQ 951331, dated September 18, 1992, as modified by
HQ 952659, dated October 7, 1992. 

FACTS:

     Andrew Multi-Station Access Units (MAUs) are wiring
concentrators for token ring local area networks.  Workstations
plug into these MAUs.  The MAUs are then connected to other MAUs
to form a star-wired ring local area network.  MAUs create a
network on which mainframes, minicomputers and PCs can communicate
and share data. 

ISSUE:

     What is the classification of the Andrew Multi-Station Access
Unit for token ring LANs?  Is it  classifiable under heading 8471,
HTSUS, which provides for ADP machine "Control or adapter units,"
or under heading 8517, HTSUS, which provides for "[e]lectrical
apparatus for line telephony or telegraphy"?




                               -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.  

     However, Legal Note 5(B) to chapter 84, HTSUS, provides
guidance regarding 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 token ring MAUs are essential to the ADP
systems with which they are integrated because they process and
format the data of the computers they serve. 

     The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs), pages 1299-1300, describe separately
presented ADP units 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.

     After extensive research and analysis, it is now our opinion
that the principal function of the MAUs is, in fact, to effectuate
the interconnection of the CPU unit to other units or ADP machines,
thereby serving "control" and "adaption" functions, as described
by

                               -3-

the ENs.  Therefore, the "Andrew Bridgeport Multi-Station Access
Units" are properly classifiable in subheading 8471.99.15, HTSUS,
which provides for "Control or adapter units." 
 
HOLDING: 

     The Andrew Bridgeport Multi-Station Access Units (MAUs) for
Token Ring Local Area Networking are classifiable in 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
                              Commercial Rulings Division

ATTACHMENT:    HQ 951331
               HQ 952659