HQ 961364

June 30, 1998


CLA-2 RR:CR:GC 961364 DWS

CATEGORY: Classification

TARIFF NO.: 8471.80.10

Port Director of Customs
10 Causeway Street, Suite 603
Boston, MA 02222-1059

RE: Protest 0401-97-100506; Shiva AccessPort

Dear Port Director:

The following is our decision regarding Protest 0401-97-100506 concerning your action in classifying and assessing duty
on the Shiva AccessPort under the Harmonized Tariff Schedule of
the United States (HTSUS).

FACTS:

The merchandise consists of the Shiva AccessPort, which is a
stand-alone router geared to telecommuters and small branch
office users requiring remote access to Internet service
providers and large corporate local area networks (LANs).
Through the use of this equipment over a telephone line, branch
office employees may perform such functions as send and receive
electronic mail, download critical documents, and reference
product and order information. The AccessPort's hardware
specifications consist of the following: one 10BaseT Ethernet
Interface, one RS232 Admin Port, two analog telephone sockets,
one integrated services digital network (ISDN) basic rate
interface (BRI), front panel light emitting diodes (LEDs) for
status review, external power supply, and Ethernet and ISDN
cables. It allows for aggregation of two ISDN B-channels using
multi-link point-to-point protocol (PPP) for 128 kbps throughput,
and supports voice, facsimile, and data communication.

To keep connection time at a minimum, the router utilizes
routing technology referred to as "spoofing", which distinguishes
when one LAN system is communicating with another over the
telephone line and disconnects the telephone line when no such
communication occurs.

The AccessPort can provide up to 16 Internet protocol (IP)
addresses, subnet mask, gateway address, domain name, and primary
and secondary addresses, simplifying set up of small offices.
The AccessPort coordinates with ADP machines utilizing Windows
installed Wizard and Shiva Monitor graphics software. The
AccessPort also contains the mass deployment tool (MDT), which
allows network managers to control the configuration of a large
number of AccessPorts centrally. A Windows graphics interface
allows AccessPort configurations to be saved in ASCII format and
provides tools allowing transfer of configurations and firmware
upgrades to and from AccessPorts.

The merchandise was entered on October 13, 1996, under
subheading 8471.80.10, HTSUS, as ADP control or adapter units.
The entry was liquidated on October 17, 1997, under subheading
8517.50.50, HTSUS, as other telephonic apparatus for carrier-current line systems or for digital line systems. The protest
was timely filed on November 10, 1997.

ISSUE:

Whether the AccessPort is classifiable under subheading
8471.80.10, HTSUS, as an ADP control or adapter unit, or under
subheading 8517.50.50, HTSUS, as other telephonic apparatus for
carrier-current line systems or for digital line systems.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's). GRI
1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.

The 1996 HTSUS provisions under consideration are as
follows:

8471 Automatic data processing machines and units thereof; *****:

8471.80 Other units of automatic data processing machines:

8471.80.10 Control or adapter units.

* * * * * * * * *

8517 Electrical apparatus for line telephony or line telegraphy,
including line telephone sets with cordless handsets and
telecommunication apparatus for carrier-current line systems
or for digital line system; videophones; parts thereof:

8517.50 Other apparatus, for carrier-current line systems or
for digital line systems:

Other:

8517.50.50 Telephonic.

* * * * * * * * *

In HQ 952631, dated October 13, 1992, we dealt with the
classification of the DevelNet system, which was designed to
allow a user to create regional or national wide area networks
(WANs) by connecting various LANs into a fully integrated data
communications network. In that ruling, we held the DevelNet
system to be classifiable under subheading 8471.99.15, HTSUS (the
predecessor to subheading 8471.80.10, HTSUS). See also HQ
952628, dated October 13, 1992, and HQ 952812, dated December 30,
1992. Therefore, based upon the information provided, as the
AccessPort is similar to the DevelNet system, we find that it is
classifiable under subheading 8471.80.10, HTSUS.

HOLDING:

The Shiva AccessPort is classifiable under subheading
8471.80.10, HTSUS, as an ADP control or adapter unit.

The protest should be GRANTED. In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4,
1993, Subject: Revised Protest Directive, this decision, together
with the Customs Form 19, should be mailed by your office to the
protestant no later than 60 days from the date of this letter.
Any reliquidation of the entry in accordance with the decision
must be accomplished prior to mailing of this decision. Sixty
days from the date of the decision the Office of Regulations and
Rulings will take steps to make the decision available to Customs
personnel via the Customs Rulings Module in ACS and the public
via the Diskette Subscription Service, Freedom of Information
Act, and other public access channels.

Sincerely,


John Durant, Director
Commercial Rulings Division