CLA-2 CO:R:C:M 954057 MBR
Mr. Arne Midtskog
Midtskog & Associates
17221 N.E. 152nd Street
Woodinville, WA 98072
RE: Telephone Hand Test Set; Pair Tracking System; Electrical
Apparatus For Line Telephony; Instruments and Apparatus for
Measuring or Checking Electrical Quantities; Instruments and
Apparatus, Specially Designed for Telecommunications;
Measuring; Checking; Instrument; Machine; Apparatus
Dear Mr. Midtskog:
This is in reply to your letter of March 30, 1993, requesting
classification of the "Dual Standard Test Set" ("DSTS"), and the
"Pair Tracing System" ("PTS"), under the Harmonized Tariff Schedule
of the United States (HTSUS). Your letter was forwarded to this
office for reply.
FACTS:
The Chesilvale Electronics models DSTS 2, DSTS 5, and UTS, are
all telephone hand test sets similar to the "Telephone Lineman's
Test Sets" ruled upon in HQ 089594, dated September 26, 1991, and
HQ 089928, dated November 6, 1991. They resemble large telephone
receivers with a mouthpiece on one end and earpiece on the other
end (except the DSTS 5 which consists of a hand set and a portable
base unit). These models have both rotary and tone dialing
capabilities. Other features include: high impedance monitor,
polarity testing, and last number redial.
These "test sets" are designed for use in telephonic
installation and repair, central office frame and switch train
analysis, PABX and station equipment installation, and trouble
isolation. These devices can also be used to "butt in" to an
ongoing call to listen for static or other irregularities.
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The Pair Tracing System ("PTS") consists of the PTS 100 Tone
Tracker Probe, the PTS 200 Mini Oscillator, and the PTS 201 Long
Battery Life Oscillator. The oscillators are connected to twisted
pair telephone lines, at which point the tone tracker probe can be
used to trace the line.
ISSUE:
Are the telephone hand test sets and the various pair tracking
system units classifiable in heading 8517, HTSUS, as electrical
apparatus for line telephony, in heading 9030, HTSUS, which
provides for oscilloscopes and other instruments for checking
electrical quantities, or in heading 9031, HTSUS, as checking
instruments, appliances and machines, not specified or included
elsewhere in Chapter 90?
LAW AND ANALYSIS:
The Harmonized Tariff Schedule of the United States (HTSUS)
provides that the classification of articles is governed by the
General Rules of Interpretation (GRI's). GRI 1 states in pertinent
part:
"...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...."
The Chesilvale Electronics models DSTS 2, DSTS 5, and UTS, are
telephone hand test sets similar to the "Telephone Lineman's Test
Sets" ruled upon in HQ 089594, dated September 26, 1991, and HQ
089928, dated November 6, 1991. These rulings held that, pursuant
to Section XVI, Legal Note 1(m) [which provides that Section XVI
does not cover articles of chapter 90], the telephone test sets
were classifiable in subheading 9031.80.00, HTSUS.
However, you argue that the instant merchandise is all
classifiable in subheading 9030.40.00, HTSUS, which provides for
oscilloscopes and other instruments for checking electrical
quantities.
The various DSTS and UTS models under consideration are not
designed to perform any form of measuring of electrical quantities.
Furthermore, none of the models under consideration are designed
for the checking of electrical quantities. The principal function
of the various DSTS and UTS models is to check the telephonic
operation. Although the telephonic operation is electrical, the
checking of telephonic voice transmission and reception is not
"measuring or checking electrical quantities."
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Therefore, the DSTS and UTS models are classifiable in
subheading 9031.80.00, HTSUS, which provides for: "[m]easuring or
checking instruments, appliances and machines, not specified or
included elsewhere in this chapter: [o]ther instruments, appliances
and machines."
However, it is important to note that other types of telephone
line test equipment have been properly classified in subheading
9030.40.00, HTSUS, which provides for: "[o]scilloscopes, spectrum
analyzers and other instruments and apparatus for measuring or
checking electrical quantities...: [o]ther instruments and
apparatus, specially designed for telecommunications (for example,
cross-talk meters, gain measuring instruments, distortion factor
meters, psophometers)." See NY 864957, dated July 29, 1991, NY
864960, dated July 29, 1991, NY 864992, dated July 29, 1991. These
goods where found to have the principal function of "instruments
and apparatus for measuring or checking electrical quantities."
Whereas, this is not the principal function of the DSTS and UTS
telephone test equipment.
The PTS system consists of the PTS 100 Tone Tracker Probe, the
PTS 200 Mini Oscillator, and the PTS 201 Long Battery Life
Oscillator. The oscillators are connected to a twisted pair
telephone line and the tone tracker probe can then be used to trace
the line. These devices are designed to perform the function of
measuring or checking electrical quantities. Therefore, since they
are "specially designed for telecommunications," they are
classifiable in subheading 9030.40.00, HTSUS, which provides for:
"[o]scilloscopes, spectrum analyzers and other instruments and
apparatus for measuring or checking electrical quantities...:
[o]ther instruments and apparatus, specially designed for
telecommunications (for example, cross-talk meters, gain measuring
instruments, distortion factor meters, psophometers)."
HOLDING:
The Chesilvale Electronics various DSTS and UTS models are
all telephone hand test sets similar to the "Telephone Lineman's
Test Set" ruled upon in HQ 089928, dated November 6, 1991, and HQ
089594, dated September 26, 1991, and are therefore classifiable
in subheading 9031.80.00, HTSUS, which provides for: "[m]easuring
or checking instruments, appliances and machines, not specified or
included elsewhere in this chapter: [o]ther instruments, appliances
and machines."
The pair tracing system ("PTS") units, (the PTS 100 Tone
Tracker Probe, the PTS 200 Mini Oscillator, and the PTS 201 Long
Battery Life Oscillator) are all classifiable in subheading
9030.40.00, HTSUS, which provides for: "[o]scilloscopes, spectrum
analyzers and other instruments and apparatus for measuring or
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checking electrical quantities...: [o]ther instruments and
apparatus, specially designed for telecommunications (for example,
cross-talk meters, gain measuring instruments, distortion factor
meters, psophometers)."
Sincerely,
John Durant, Director