HQ 952366: Protest No. 3001-92-100520; Lynx Automation; Faxlink International, Ltd.; ExtraLine; Fax Detector; Opto Coupler; HQ 089039; Telegraphic Switching Apparatus; Telephone; Switch

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 952366
                                                               
                          April 5, 1993

CLA-2 CO:R:C:M  952366 MBR

CATEGORY:  Classification

TARIFF NO.:  8517.30.50

District Director
U.S. Customs Service
909 First Ave., Rm 2039
Seattle, WA 98174

RE:  Protest No. 3001-92-100520; Lynx Automation; Faxlink
     International, Ltd.; ExtraLine; Fax Detector; Opto Coupler;
     HQ 089039; Telegraphic Switching Apparatus; Telephone; Switch

Dear District Director:

     This is our response to Protest Number 3001-92-100520, dated
June 30, 1992, and Application for Further Review, regarding the
classifications of a "Fax Detector," an "Opto Coupler," and an
"ExtraLine," under the Harmonized Tariff Schedule of the United
States (HTSUS).

FACTS:

     The "Fax Detector" is an intermediary switching device that
is situated between a telephone line wall jack and a telephone, a
facsimile (fax), and/or an answering machine.  It is designed to
enable the user to share one telephone line with a telephone, an
answering machine, and a fax machine (telegraphic).  The "Fax
Detector" monitors incoming calls and automatically switches
facsimile transmissions to the fax machine.  Thus, it eliminates
the need for a dedicated phone line for a fax machine.

     The "ExtraLine" is a similar switching device that is
installed in the same manner as the "Fax Detector."  It enables the
user to share one telephone line between a telephone, a fax machine
(telegraphic) and an answering machine or a computer modem.  The
"ExtraLine" monitors incoming calls automatically (24 hours a day),
with or without an answering machine.

     No descriptive information was submitted regarding the "Opto
Coupler."  The protestant merely states that the proper
classification is under subheading 8541.40.80, HTSUS, which
provides for "[d]iodes, transistors and similar semiconductor
devices...: [p]hotosensitive semiconductor devices...," rather than
as assessed under subheading 8517.90.15, HTSUS, which provides for 

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parts of telephonic apparatus. 

ISSUE:

     What are the classifications of a "Fax Detector," an "Opto
Coupler," and an "ExtraLine," under the Harmonized Tariff Schedule
of the United States (HTSUS)?

LAW AND ANALYSIS:

          The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1
states, in pertinent part:

     ...classification shall be determined according to the terms 
    of the headings and any relative section or chapter notes...

     The Fax Detector and the ExtraLine were classified at the port
of Seattle, Washington, under subheading 8517.81.00, HTSUS, which
provides for: "[e]lectrical apparatus for line telephony or
telegraphy, including apparatus for carrier-current line systems:
[o]ther apparatus: [t]elephonic."  

     Whereas, the importer claims that the Fax Detector and the
ExtraLine are classifiable under subheading 8517.30.50, HTSUS,
which provides for: "[e]lectrical apparatus for line telephony or
telegraphy, including apparatus for carrier-current line systems:
[t]elephonic or telegraphic switching apparatus: [o]ther."

     The importer asserts that these devices "merely listen in on
the line after the phone is answered by an individual or with an
answering machine, for a CNG tone data signal" and thus "has no
effect on voice communications."  The importer also states that
"[a]lthough both machines have plug-in features for either an
optional telephone or answering machine, these convenience features
are clearly subordinate and are not necessary for the performance 
of the primary use and purpose of these devices."  We agree that
the Fax Detector and the ExtraLine were designed to sense a
facsimile transmission (telegraphic transmission) and then to
switch that signal to the facsimile machine.  

     The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) to the HTSUS, page 1362, regarding
telegraphic apparatus, in pertinent part state:

                   (II) TELEGRAPHIC APPARATUS

          This is essentially designed for converting texts or
     images into appropriate electrical impulses, for transmitting
     those impulses, and at the receiving end, receiving these
     impulses and converting them either into conventional symbols 


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     or indications representing the text, or into the text image
     itself.

     Although this EN was not necessarily specifically written for
the instant types of telegraphic switching apparatus, we are of the
opinion that the facsimile transmission itself is telegraphic since
text or images are converted into electrical impulses and then
converted back to the text or image at the receiving end.  As the
court has stated, "[i]t must also be remembered that the tariff
statutes were enacted 'not only for the present but also for the
future, thereby embracing articles produced by technologies which
may not have been employed or known to commerce at the time of the
enactment * * *.'" NEC America, Inc. v. United States, 8 CIT 184,
186 (1984), citing Corporacion Sublistatica, S.A. v. United States,
1 CIT 120, 126, 511 F.Supp. 805, 809 (1981);  See also Davis Turner
& Co. v. United States, 45 CCPA 39, 41, C.A.D. 669 (1957).  See HQ
089039, dated June 20, 1991, for a similar holding regarding
similar merchandise.

     Section 174.13(a)(5) & (6), Customs Regulations (19 CFR
174.13(a)(5) & (6), provide that protests shall contain the
following information:

     (5)  A specific description of the merchandise affected by the
          decision as to which the protest is made; 

     (6)  The nature of, and justification for the objection set
          forth distinctly and specifically with respect to each
          category, payment, claim, decision, or refusal;  

     No descriptive information or justification for the objection
was set forth regarding the "Opto Coupler," other than the vague,
overly broad, and unsubstantiated statement of "misclassification." 
Therefore, we cannot sustain the claimed classification regarding
the "Opto Coupler."

HOLDING:

     The Lynx Automation "Fax Detector" and the "ExtraLine" are
classifiable under subheading 8517.30.50, HTSUS, which provides
for: "[e]lectrical apparatus for line telephony or telegraphy,
including apparatus for carrier-current line systems: [t]elephonic
or telegraphic switching apparatus: [o]ther."  The rate of duty is
4.7% ad valorem. 

     No descriptive information or justification for the objection
was set forth regarding the "Opto Coupler."  Therefore, we cannot
sustain the claimed classification regarding the "Opto Coupler."

     You should deny the protest, except to the extent
reclassification of the merchandise as indicated above results in
a net duty reduction and partial allowance.  A copy of this 


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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