NY B80467

January 13, 1997

CLA-2-85:RR:NC:MM:109 B80467

CATEGORY: Classification

TARIFF NO.: 8517.90.4400, 8517.90.6600

Mr. Dick Stanhope

Traffic and Customs Mgr.

Microcom, Inc.

500 River Ridge Drive

Norwood, MA 02062-5028

RE: The tariff classification of analog and digital modem

adaptors from China

Dear Mr. Stanhope:

In your letter dated December 9, 1996, you requested a

tariff classification ruling.

The merchandise is described in your letter and in the

attached literature as analog and digital modem adaptors.

Additional information and clarification was obtained on January

9, 1997, in a telephone conference with Darryl Peterson, Design

Engineer, Microcom. These adaptors are printed circuit boards

(PCBs) that attach to the back plane of the ISPorte Managed Modem

Chassis. The ISPorte offers up to 64 data/fax modems in a

compact 19" rackmount design. The analog adaptor is used for

connecting each modem to a standard two wire analogue telephone

line. It converts from four wires to two. The PCBs are

populated with isolation transformers, resistors, capacitors, and

connectors (RJ11, RJ45). They do not contain any active

components within the meaning of Section XVI Additional U.S. Note

1, and are therefore, not considered a "printed circuit assembly"

for the purposes of that section. The digital adaptor is used

for connecting to digital T1 type lines. They contain active

components which convert the analog modem signals into a digital

signal for transmission over a T1 line.

The applicable subheading for the analog modem adaptors will

be 8517.90.6600, Harmonized Tariff Schedule of the United States

(HTS), which provides for "[e]lectrical apparatus for...line

telegraphy...[p]arts: [o]ther: [o]ther: [f]or telegraphic

apparatus." The rate of duty will be 4.7%.

The applicable subheading for the digital modem adaptors

will be 8517.90.4400, Harmonized Tariff Schedule of the United

States (HTS), which provides for "[e]lectrical apparatus

for...line telegraphy...[p]arts: [o]ther: [p]rinted circuit

assemblies: [f]or telegraphic apparatus." The rate of duty will

be 4.7%.

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 Eileen

S. Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski

Chief, Metals & Machinery

Branch

National Commodity

Specialist Division