CLA-2 CO:R:C:M 954869 MBR
Mr. Arne Midtskog
Midtskog & Associates
17221 N.E. 152nd Street
Woodinville, WA 98072
RE: "Opticall"; PTS 109 Tone Tracker; PTS 287 Oscillator; T 1544
Carrier Detector; Optical Telephone Hand Test Set; Pair
Tracking System; Electrical Apparatus For Line Telephony;
Instruments and Apparatus for Measuring or Checking Electrical
Quantities; Specially Designed for Telecommunications;
Measuring; Checking; HQs 954057, 089594, 089928; NYs 864957,
864960, 864992
Dear Mr. Midtskog:
This is in reply to your letter of August 13, 1993, requesting
classification of the Chesilvale Electronics "Opticall," the "PTS
109 Tone Tracker," "PTS 287 Oscillator" and the "T 1544 Carrier
Detector," under the Harmonized Tariff Schedule of the United
States (HTSUS).
FACTS:
You state that the "Opticall" is identical to the DSTS 5
telephone hand test set (ruled upon in HQ 954057, dated July 26,
1993), except that the Opticall is used for testing fiber optic
cables instead of a copper line or cable. The Opticall consists
of a hand set and a portable base unit. The literature submitted
states that its features are as follows: continuous wave & 2kHz
output, full duplex digital, field ruggedised and easy to use.
Telephone "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.
You also state that the PTS (Pair Tracing System) 109 Tone
Tracker (PTS Super Range) and its PTS 287 Oscillator are identical
-2-
in usage to the PTS 100 (also ruled upon in HQ 954057), except that
the PTS 109 is more sensitive. This merchandise functions as
follows: the oscillator is connected to twisted pair telephone
lines, at which point the tone tracker probe can be used to trace
the line.
The T1544 Carrier Detector is similar to the PTS except it is
designed to trace carrier circuits with no interference or
interruption.
ISSUE:
Are the Opticall telephone hand test set and the various pair
tracing 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 promotional literature lists numerous applications for the
Opticall, including military communications, secure intercoms, and
private networks. However, you state that the Opticall is strictly
used in the U.S. as a fiber optic telephone hand test set. The
Additional U.S. Rules of Interpretation state as follows:
1. In the absence of special language or context which
otherwise requires--
(a) a tariff classification controlled by use (other
than actual use) is to be determined in accordance
with the use in the United States at, or immediately
prior to, the date of importation, of the goods of
that class or kind to which the imported goods
belong, and the controlling use is the principal
use.
Similar merchandise was ruled upon in HQ 954057, dated July
26, 1993, 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
-3-
cover articles of chapter 90], the telephone test sets were
classifiable in subheading 9031.80.00, HTSUS. The principal
function of the Opticall is to check telephonic operation.
Therefore, since the Opticall is used, in the U.S., at this time,
as a telephone hand test set, it is also classifiable in subheading
9031.80.00, HTSUS.
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."
The PTS 109 Tone Tracker Probe, PTS Oscillator and the T1544
Carrier Detector are also similar to the merchandise ruled upon in
HQ 954057. The oscillator is connected to a twisted pair telephone
line and the tone tracker probe can then be used to trace the line.
The T1544 Carrier Detector functions like the PTS 109, the only
difference being that the T1544 is designed to trace carrier
circuits. These devices are all 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.
HOLDING:
The Chesilvale Electronics "Opticall" fiber optic telephone
hand test set is 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
rate of duty is 4.9 percent ad valorem.
The PTS 109 Tone Tracker, PTS 287 Oscillator and the T1544
Carrier Detector are all 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
-4-
meters, gain measuring instruments, distortion factor meters,
psophometers)." The rate of duty is 4.9 percent ad valorem.
Sincerely,
John Durant, Director