CLA-2-85:OT:RR: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
Correction to Customs Ruling Number N051461
Dear Ms. Forrest:
This ruling is being issued to correct Customs Ruling Number N051461, dated February 24, 2009. The ruling did not describe the subject merchandise, a TR-1 Hookswitch adequately. As such, it was believed the TR-1 Hookswitch was a part of a telephone set classifiable under HTSUS subheading 8517.70.0000. As per your subsequent correspondence, also dated February 24, 2009, it is now realized that the TR-1 Hookswitch is not a part of a telephone set nor is it used with a telephone. Rather, the TR-1 Hookswitch, which is used with a Plantronics DECT headset system, is telephonic apparatus that performs converting and switching functions. The entire corrected ruling follows.
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 and also performs switching functions. It is used with Plantronics DECT headset system and has a similar functionality to that of a telephone, i.e. converting digital signals to analog signals and switching. The TR-1 converts data from PSTN digital signals to analog signals. And, as switching apparatus it either interrupts analog signals from reaching the DECT headset system or permits analog signals to reach the DECT headset system. As such, the TR-1 Hookswitch performs converting and switching functions, while the DECT headset system, which is not the subject of this ruling, performs the functions of transmitting and receiving the signals.
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. However, the TR-1 Hookswitch does not meet the definition of a telephone set. The TR-1 Hookswitch is telephonic apparatus that performs converting and switching functions. Telephonic apparatus that performs conversion and switching functions is provided for in Harmonized Tariff Schedule of the United States (HTSUS) subheading 8517.69.00. As such, HTSUS subheading 8517.18.0050 is inapplicable.
The applicable subheading for the TR-1 Hookswitch will be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communications in a wired or wireless network (such as a local or wide area network): Other.” 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