NY M82159

April 28, 2006

CLA-2-85:RR:NC:MM:109 M82159

CATEGORY: Classification

TARIFF NO.: 8517.50.9000

Mr. Valery Zinger

Schenker Stinnes Logistics

Air Import

182-21 150^th^ Street

Jamaica, NY 11413

RE: The tariff classification of a Wireless Internet Protocol Access
System (WIPAS) from Japan

Dear Mr. Zinger:

In your letter dated April 5, 2006, you requested a tariff
classification ruling, on behalf of your clients First Avenue Networks,
Inc. and Japan Radio Co., Ltd.

This ruling concerns the classification of a Wireless Internet Access
System. It consists of an Access Point (AP), which is an Omni or Horn
antenna, an interface unit (IFU), and a Wireless Terminal (WT). It
provides high-speed access to the Internet. The WP provides the
interface to a customer's personal computer (PC), through a Local Area
Network (LAN) cable connection. The AP provides the access point to the
service provider network and such to the Internet. It is connected to
the IFU through a coaxial cable. The IFU provides the interface to the
service provider network and is connected to the Internet using a LAN
cable.

Although this item is called a Wireless IP Access System, your letter
states that the transmission signal is "transmitted" thru **optical
fiber cable**, which then goes to the IFU, and thru **coaxial cable** to
a main antenna. The antenna signals each terminal involved in the system
(up to 239) and provides high-speed access to the Internet. Explanatory
Note 85.25 (A) to the Harmonized Tariff Schedule of the United States
(HTSUS), which provides for the intent of "wireless" transmission
apparatus for radio-telephony or radio-telegraphy, states:

"This apparatus is used for the transmission of signals (representing
speech, messages or still pictures) by means of electro-magnetic waves
which are transmitted through the ether [without any line
connection]{.underline}."

As you explained in your letter, a signal is "transmitted" through
**optical fiber cable** and **coaxial cable**. As such, the signal is
not being transmitted through the ether [without any line
connection]{.underline}. Therefore, this is not considered a wireless
device for classification purposes, but rather electrical apparatus for
line telegraphy via a carrier-current or digital line system of Heading
8517 of the Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the Wireless Internet Protocol Access
System (WIPAS) 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.

Duty rates are provided for your convenience and are subject to change.
The text of the most recent HTSUS and the accompanying duty rates are
provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division