HQ 083298: Internal Advice Request No. 35/88 Concerning the tariff classification of supervisory and control equipment

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 083298


                                  February 28, 1989

          CLA-2 CO:R:C:G 083298

          CATEGORY:  CLASSIFICATION

          Tariff No: TSUS 684.59 685.28.

          District Director of Customs
          U.S. Customs Service
          P. O. Box 2450
          San Francisco, California 94126

          Re:  Internal Advice Request No. 35/88 Concerning
               the tariff classification of supervisory and
               control equipment

          Dear Sir:

               This request for internal advice was forwarded to
          Headquarters at the suggestion of the National Import Specialist
          on December 7, 1988.

          FACTS:

               The supervisory and control equipment is imported by NEC
          America for use in a series of their Digital Microwave Radio
          Systems (DMR).  According to the literature submitted the
          supervisory control equipment provides automatic RF channel
          switchover control in 1 X N RF channel protected functions for
          master and remote stations, as well as drop and insert functions
          for the service channel.

          ISSUE:

               The issue is whether the equipment is radio transmission and
          reception apparatus or whether it is telephone apparatus.  If the
          former, classification will be under item 684.59 Tariff Schedules
          of the United States (TSUS).  If the latter, classification will
          be under item 685.28, TSUS.

          LAW AND ANALYSIS:

               Advice from the Federal Communications Commission is that
          the supervisory and control equipment can only be used with
          microwave radio systems and cannot be used with completely wired















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          telephone systems.  Thus, classification as telephone apparatus
          is unwarranted.

          HOLDING:

               The supervisory and control equipment is classifiable under
          item 685.28, TSUS.

                                        Sincerely,





                                        John Durant, Director
                                        Commercial Rulings Division













































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