CLA-2-85:S:N:N1:109 842533

Mr. Richard M. Belanger
Powell, Goldstein, Frazer & Murphy
1001 Pennsylvania Avenue, N.W.
Washington, D.C. 20004

RE: The tariff classification of modems from Singapore, Hong Kong, and China

Dear Mr. Belanger:

In your letter dated June 16, 1989 you requested a tariff classification ruling.

Your letter describes the modems, identified in the submitted literature as the Smartmodem 2400B, Smartmodem 1200B, Personal Modem 1200, and Personal Modem 2400. The Smartmodem 2400B and the Smartmodem 1200B are add-on boards for the IBM PC, XT, AT, and Compatibles. They connect to the telephone lines and they are used for communications with other computers, databases, information services, and bulletin boards. The Personal Modems 1200 and 2400 are non-business modems designed for the home computing market.

The applicable subheading for the modems will be 8517.40.10, Harmonized Tariff Schedule of the United States (HTS), which provides for "Modems, of a kind used with data processing machines of heading 8471." The rate of duty will be 4.7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport