CLA-2 CO:R:C:M 954657 MBR
Mr. Arne Midtskog
Midtskog & Associates
17221 N.E. 152nd Street
Woodinville, WA 98072
RE: Telephone Switching and Line Simulator; Jumper Location
System; Cable Tracing System; High Frequency Signal Detectors;
Modular Adapters; 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 May 28, 1993, requesting
classification of the Telephone Switching and Line Simulator
(TSLS2), the Jumper Location System (JLS 200), the Cable Tracing
System (CTS), High Frequency Signal Detectors (T1554 and T2048),
and Modular Adapters, under the Harmonized Tariff Schedule of the
United States (HTSUS). Your letter was forwarded to this office
for reply.
FACTS:
The TSLS2 is a Telephone Switching and Line Simulator which
simulates two telephone or PBX lines. It is used for testing and
development. It has fixed parameters and will conduct go/no go
tests on external products.
The JLS 200 Jumper Location System uses ultrasonic frequency
to trace live telephone or data circuits without causing
interference. It consists of an oscillator and a receiver.
The CTS Cable Tracing System is used for locating, identifying
and depthing communication cables. This system operates by
applying a signal to the cable, and is designed for low voltage
communication cables.
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The T1544 and T2048 Carrier Detectors are high frequency
signal detectors designed to receive signals radiated by
telecommunications systems. They are tuned to pick up the required
frequency.
The Modular Adapters models MA1 and MA2 have alligator clips,
and the model MA3 has a banana plug terminal.
ISSUE:
Are the instant telephonic testing devices 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 "Telephone Switching and Line Simulator" and the
ultrasonic "Jumper Location System" under consideration are not
designed to perform any form of measuring of electrical quantities.
Although telephonic operation itself may be electrical, the
ultrasonic tracing of the line and the line simulation does not
involve "measuring or checking electrical quantities."
However, the TSLS2 is a checking instrument used for checking
the telephonic operation of various devices. The JLS 200 is also
a measuring/checking instrument used for checking a telephone line
without generating interference. Therefore, the TSLS2 and JLS 200
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
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goods where found to have the principal function of "instruments
and apparatus for measuring or checking electrical quantities."
Similarly, both the Cable Tracing System and the Carrier
Detectors are goods which have the principal function of
"instruments and apparatus for measuring or checking electrical
quantities." Therefore, they are 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)."
The Modular Adapters are designed for making connections to
or in electrical circuits. Therefore, they are classifiable in
subheading 8536.90.00, HTSUS, which provides for: "[e]lectrical
apparatus for switching or protecting electrical circuits, or for
making connections to or in electrical circuits (for example,
switches, relays, fuses, surge suppressors, plugs, sockets, lamp-
holders, junction boxes), for a voltage not exceeding 1,000 V:
[o]ther apparatus."
HOLDING:
The TSLS2 "Telephone Switching and Line Simulator" and the JLS
200 "Jumper Location System" 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."
The Cable Tracing System and the Carrier Detectors 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)."
The Modular Adapters (MA1, MA2 and MA3) are classifiable in
subheading 8536.90.00, HTSUS, which provides for: "[e]lectrical
apparatus for switching or protecting electrical circuits, or for
making connections to or in electrical circuits (for example,
switches, relays, fuses, surge suppressors, plugs, sockets, lamp-
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holders, junction boxes), for a voltage not exceeding 1,000 V:
[o]ther apparatus."
Sincerely,
John Durant, Director