HQ 950523: Protest 0901-91-170093; Dispatcher control system; item684.58; HQ 087984; HQ 085404; Fanon Electronic Industries, Inc.v. U.S.

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 950523

                        February 27, 1992

CLA-2 CO:R:C:M 950523 AJS

CATEGORY: Classification

TARIFF NO.: 685.33

District Director
U.S. Customs Service
111 West Huron Street
Buffalo, NY 14202

RE: Protest 0901-91-170093; Dispatcher control system; item
684.58; HQ 087984; HQ 085404; Fanon Electronic Industries, Inc.
v. U.S.

Dear District Director:

     Protest for further review number 0901-91-170093, dated
March 28, 1991, was filed against the tariff classification of
the "Dispatcher Console System" (DCS) within item 684.58, Tariff
Schedules of the United States (TSUS).

FACTS:

     The DCS is a component of a mobile data communications
terminal (MDT) system.  This system enables field personnel to
communicate with a base office by use of a radio link.  The DCS
receives and transmits information via radio to police, taxis,
sales representatives and other field personnel.

ISSUE:

     Whether the subject DCS is properly classifiable within item
684.58, TSUS, which provides for "[t]elephone sets and other
terminal equipment and parts thereof."; or classifiable within
item 685.33, TSUS, which provides for "other" radio- telegraphic
and radiotelephonic transmission and reception apparatus.

LAW AND ANALYSIS:

     Item 685.33, TSUS, provides for "other" radiotelegraphic and
radiotelephonic apparatus.  In HQ 085404 (7/20/90) and HQ 087984
(9/11/91), Customs ruled that MDTs are classifiable as 


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radiotelegraphic and radiotelephonic apparatus.  The DCS is a
component of the MDT system.  It receives and transmits
information via radio.  Accordingly, the DCS is properly
classifiable within item 685.33, TSUS, as "other" radio-
telegraphic and radiotelephonic apparatus.

     Item 684.58, TSUS, provides for telephone sets and terminal
equipment.  In order for an article to be classified as telegraph
or telephone apparatus, it must be for transmission via wire. 
Fanon Electronic Industries, Inc. v. United States, 65 Cust. Ct.
542 (1970).  As stated previously, the DCS is for transmission
via radiotelegraphy and radiotelephony.  Therefore, the DCS is
not classifiable within item 684.58, TSUS.

HOLDING:

     The Dispatcher Console System is classifiable within item
685.33, TSUS, which provides for "other" radiotelegraphic and
radiotelephonic transmission and reception apparatus.  You should
grant the protest in full.  A copy of this decision should be
attached to the Customs Form 19 and provided to the protestant as
part of the notice of action on the protest.


                                  Sincerely,


                                  John Durant, Director
                                  Commercial Rulings Division