us-cbp-cross-rulings-hq-081395•HQ 081395: Programmable Telephone Answering and Recording System
HQ 081395: Programmable Telephone Answering and Recording System
us-cbp-cross-rulings-hq-081395HQ 081395: Programmable Telephone Answering and Recording SystemGuidance
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 081395
July 12, 1989
CLA-2:CO:R:C:G 081395 JAS
CATEGORY: Classification
TARIFF NO.: 8517.10.0070
Ms. Marta Moss
Carmichael International Service
450 Carlton Court
San Francisco, California 94080-4938
RE: Programmable Telephone Answering and Recording System
Dear Ms. Moss:
In your transmittal of October 12, 1987, to the Area
Director of Customs, New York Seaport, you inquire as to the
tariff classification of telephone answering machines with
accessories from unspecified countries. Our ruling follows.
FACTS:
Submitted catalog pages depict the Onyx Centre
(Electronics) Limited programable telephone answering and
recording system. The model 200 incorporates a telephone with
hand-free or private talking functions, push-button telephone
keyboard and detachable handset, AM/FM clock radio, and
cassette recorder/player. The model 300 incorporates the same
telephone apparatus, an AM/FM radio, cassette recorder/player,
data-bank computer, and clock/calculator.
ISSUE:
Is the programmable answering and recording system a
composite machine classifiable according to its principal
function?
LAW AND ANALYSIS:
General Rule of Interpretation (GRI) 1, HTSUSA, states in
part that for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
Machines and mechanical appliances having individual
functions are among the articles classifiable in Chapter 84,
- 2 -
HTSUSA, while electrical machines and apparatus having
individual functions are among the articles classifiable in
Chapter 85. Both chapters are in Section XVI, HTSUSA. Legal
Note 3 of Section XVI states that unless the context requires
otherwise, composite machines consisting of two or more
machines fitted together to form a whole and other machines
adapted for the purpose of performing two or more
complementary or alternative functions are to be classified as
if consisting only of that component or as being that machine
which performs the principal function.
Both the models 200 and 300 are advertised as telephone
answering and recording systems. The model 200 incorporates
switchable telephone with hand-free or private talking
functions, pushbutton telephone keyboard, and detachable
telephone handset, among its features. In addition to the
telephone apparatus, the model 300 has a microprocessor that
regulates both the telephone functions and a data-bank
computer that stores up to 70 names and telephone numbers. We
also note that in both models the radio automatically turns
off when the the hand-free phone is in use.
From the available information it appears that consumers
would be attracted to the telephone answering and recording
system primarily because of its telephone features. We
therefore conclude, for the purposes of Note 3 to Section XVI,
that the programmable telephone answering and recording system
is to be classifiable as if it consisted only of the telephone
component. Noting GRI 1, therefore, the programmable
telephone answering and recording system is provided for in
Heading 8517 as electrical apparatus for line telephony or
telegraphy, including such apparatus for carrier-line systems.
HOLDING:
The programable answering and recording system, models
200 and 300, is classifiable under the provision for Other
single line telephone sets, in subheading 8517.10.0070. The
rate of duty is 8.5 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
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