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Encryption is defined by Newton's Telecom Dictionary, 16th Edition as:
The transformation of data into a form unreadable by anyone without a secret decryption key. Its purpose is to ensure privacy by keeping the information hidden from anyone for whom it is not intended. In security, encryption is the ciphering of data by applying an algorithm to plain text to convert it to ciphertext.
* * At the six digit level, by application of GRI 6, two subheadings appear to describe the merchandise, subheading 8517.50, other apparatus, for carrier-current line systems or for digital line systems, and subheading 8517.80, other apparatus. The encryption device is in the information transmission path and encrypts ATM transmissions which is necessitated by the realities of transmitting over the unsecured wide area network (WAN). However, the encryption device only secures the information, it does not appear to include any actual transmission or reception apparatus, but is auxiliary to the actual transmission. EN (III) for heading 8517 which refers to apparatus for carrier-current line systems or for digital line systems as used in subheading 8517.50.90, HTSUS, provides for transmission of all kinds of information (word, data, images, etc.). This encryption device does not transmit, but rather codes and decodes the word, data, images, etc. being transmitted during the transmission. We interpret the subheading not to cover the instant encryption device because it does not actively transmit or receive information, as is typical of line system apparatus. This view comports with an earlier decision on similar goods. See HQ 086196 dated April 2, 1990.
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