November 30, 2005 CBP Bulletin Notice on a Network Interface Unit
In the November 30, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 49), CBP issued a notice revoking one classification ruling on a network interface unit. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in this notice.
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According to CBP, the revocation is effective for subject merchandise entered or withdrawn from warehouse for consumption on or after January 29, 2006. In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation of One Classification Ruling
Network interface unit (NIU). CBP states that this NIU's functions were originally described as splitting off a radio frequency (RF) video signal and transmitting it to a customer's television unit, and converting the RF signal back to a telephony signal and transmitting it to the customers' telephone unit. As the NIU was described as transmitting both cable and telephone signals, CBP classified the good according to these multiple functions.
However, CBP has learned that the product, which was still under development at the time NY C87716 was issued, does not transmit or receive cable television signals. The system in which this good operates is actually for line telephony. In addition, although the subject NUI has not been physically modified in any material aspect between the issuance of NY C87716 and now, it is now known as the Voice Port.
CBP is issuing HQ 967795 in order to classify the subject article under HTS 8517.50.9000, which provides for other apparatus for carrier-current line systems or for digital line systems: other: telegraphic: other; rather than under HTS 8525.10.3035, which provides for, among other apparatus, transmission apparatus for cable television.
CBP states that based on the information it received from the importer, the subject NUI transmits, modulates, and demodulates only voice and voiceband data signals, and not cable television signals, as was originally believed. Therefore, CBP finds that the subject merchandise now falls under HTS 8517.50.9000.
new: HTS 8517.50.9000, duty-free; previous: 8525.10.3035, 1.8%.
(See ITT's Online Archives or 10/26/05 news, 05102635, for BP summary of proposed HQ 967795.)
November 30, 2005 CBP Bulletin (Vol. 39, No. 49) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_11302005_no49/