CLA-2-85:OT:RR:E:NC:N1:109
Ms. Elisabeth Forrest
Global Customs Compliance Specialist
Plantronics
345 Encinal Street
Santa Cruz, CA 95060
RE: The tariff classification of a TR-1 Hookswitch from Mexico
Dear Ms. Forrest:
In your letter dated February 6, 2009, you requested a tariff classification ruling.
The merchandise subject to this ruling is a TR-1 Hookswitch. The TR-1 Hookswitch is telephonic apparatus that acts as a converter of Public Switch Telephone Network (PSTN) signals. It has a similar functionality to that of a telephone, i.e. converting digital signals to analog signals from the PSTN and switching. The TR-1 converts data from PSTN signals to analogue signals and as a switching apparatus it either interrupts or permits analog signals from reaching the DECT headset system.
The TR-1 Hookswitch processes call ring signals and call discontinuation signals, allowing the user to answer or end a call on a Plantronics DECT headset system. It has three connectors, two on one end of the TR-1, which are modular telephone connectors for a wall jack and for Plantronics DECT headset system. The third connector is a 3.5mm jack, which is also for the headset system.
You suggested HTSUS 8517.18.0050, which provides for “Telephone sets: Other: Other.” Telephone sets are described in the Explanatory Note (EN) 85.17 (I) (A) as consisting of a transmitter, a receiver, an anti-sidetone circuit ringer, a switching device or a switchhook, and a dialing selector. The instant merchandise, which meets the definition of a switching device or a switchhook as described in EN 85.17 (I) (A) (5) because it interrupts or permits the flow of current from the network, is only one of the components that a telephone set is comprised of. As such, it is not a telephone set, but a part of a telephone set. Parts of telephone sets are provided for in Harmonized Tariff Schedule of the United States (HTSUS) subheading 8517.70.00. As such, HTSUS subheading 8517.18.0050 is inapplicable.
The applicable subheading for the TR-1 Hookswitch will be 8517.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks: Parts.” The general rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Linda M. Hackett at 646-733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division