HQ 956469: Cellular Mobile Telephones (CMT); Cell Site Components; Combiners; Phone Repeaters; Power Monitor Units; Receiver Multicoupler Systems; Transmission Apparatus; Parts; Section XVI, Note 2; EN 85.25(A); Heading 8543; HQs 088255, 087724

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 956469

                         August 30, 1994

CLA-2 CO:R:C:M 956469  RFA

CATEGORY:  Classification

TARIFF NO.: 8525.10.60, 8529.90.99

Mr. Richard D. English 
Air Express International 
120 Tokeneke Road 
P.O. Box 1231 
Darien, CT  06820

RE:  Cellular Mobile Telephones (CMT); Cell Site Components;
     Combiners; Phone Repeaters; Power Monitor Units; Receiver
     Multicoupler Systems; Transmission Apparatus; Parts; Section
     XVI, Note 2; EN 85.25(A); Heading 8543; HQs 088255, 087724

Dear Mr. English:

     This is in response to your letter, dated May 11, 1994, on
behalf of Allgon System, concerning the tariff classification of
cellular mobile telephone (CMT) cell site components under the
Harmonized Tariff Schedule of the United States (HTSUS).  

FACTS:

     The merchandise consists of four components of a cellular
mobile telephone (CMT) cell site in a cellular network.  Cell
sites receive and transmit telephone messages received from CMT
at various locations (i.e., automobiles or construction sites),
for re-transmission to their ultimate destination.  

     The four components are described as combiners, phone
repeaters, power monitor units ("PMUs"), and receiver
multicoupler systems.  Combiners are to be used to combine four
separate cellular telephone signals which are received from the
cell site into one signal which is then sent to the antenna for
re-transmission.  The phone repeaters are used to amplify and
retransmit radio signals from one cell site base station to
another until it reaches its ultimate destination.  The PMUs are
used in cell site base stations to monitor power and signal
output.  The receiver multicoupler systems are used to amplify
and filter incoming radio signals.
  
ISSUE:

     Are the cell site components classifiable as transmission
apparatus or electrical machinery not specified or included
elsewhere under the HTSUS?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.

     In your letter, you contend that all four components are
provided for under heading 8543, HTSUS, as electrical apparatus
not specified or included elsewhere in this chapter.
Specifically, you claim the merchandise is classifiable under
subheading 8543.80.60, HTSUS, which provides for: "[e]lectrical
machines and apparatus, having individual functions, not
specified or included elsewhere in this chapter. . . : [o]ther
machines and apparatus: [a]rticles designed for connection to
telegraphic or telephonic apparatus or instruments or to
telegraphic or telephonic networks. . . ."  However, if the
merchandise is classifiable under another heading within chapter
85, HTSUS, then the merchandise cannot be classified under
heading 8543, HTSUS. 

     According to the information provided, the merchandise
consists of cell site components which receive and transmit
telephone messages received from CMTs at various locations for
re-transmission to their ultimate destination.  Transmission
apparatus for radiotelephony are prima facie classifiable under
heading 8525, HTSUS.

     The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Cooperation
Council's official interpretation of the HTSUS.  While not
legally binding, the ENs provide a commentary on the scope of
each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings. See T.D. 89-80, 54
Fed.Reg. 35127, 35128 (August 23, 1989).   EN 85.25, page 1374,
states as follows:

     (A) Transmission apparatus for radio-telephony or
     radio-telegraphy

          This apparatus is used for the transmission of
     signals (representing speech, messages or still
     pictures) by means of electro-magnetic waves which are
     transmitted through the ether without any line
     connection.

     Customs has previously determined that apparatus which
receive and decode a signal through the ether that is
subsequently transmitted or relayed is in the transmission path. 
Almost all transmitters and relay apparatus must, by their very
nature, contain a receiver, because the must receive a signal
before they can transmit or relay it.  Apparatus that is in the
transmission path are provided for under heading 8525, HTSUS. See
HQ 088255 (December 17, 1990) and HQ 087724 (April 2, 1991). 

     Because the receiver multicoupler system amplifies and
filters incoming radio signals, and the combiner receives four
signals and combines them into one signal, we find that both
components are apparatus within the transmission path.  The
receiver multicoupler system and the combiners are classifiable
under subheading 8525.20.60, HTSUS, which provides for:
"[t]ransmission apparatus for radiotelephony, radiotelegraphy,   
. . . whether or not incorporating reception apparatus. . . :
[t]ransmission apparatus incorporating reception apparatus:
[o]ther: [o]ther. . . ."

     The phone repeaters are transmitters because it transmits
signals by means of electro-magnetic waves through the ether to
other cell sites.  Therefore, the phone repeaters are
classifiable under subheading 8525.10.60, HTSUS, which provides
for: "[t]ransmission apparatus for radiotelephony,
radiotelegraphy, . . . whether or not incorporating reception
apparatus. . . : [t]ransmission apparatus: [o]ther:
[t]ransmitters. . .  ."

     The PMUs are not apparatus within the transmission path
because they do not aid in the transmitting or receiving of a
signal.  However, the PMUs are part of the cell site because they
monitor power and signal output from cell site base stations. 
Section XVI, note 2 provides as follows:

     Parts of machines (not being parts of the articles of
     heading 8484, 8544, 8545, 8546 or 8547) are to be
     classified according to the following rules:

     (a)  Parts which are goods included in any of the
          headings of Chapter 84 and 85 (other than headings
          8485 and 8548) are in all cases to be classified
          in their respective headings;

     (b)  Other parts, if suitable for use solely or
          principally with a particular kind of machine, or
          with a number of machines of the same heading
          (including a machine of heading 8479 or 8543) are
          to be classified with the machines of that kind. 
          However, parts which are equally suitable for use
          principally with the goods of headings 8517 and
          8525 to 8528 are to be classified in heading 8517;

     (c)  All other parts are to be classified in heading
          8485 or 8548.

     We find that the PMUs are suitable for use solely with the
cell site transmission apparatus because they monitor the signal
and power output.  Based upon section XVI, note 2(b), the PMUs
are classifiable under subheading 8529.90.99, HTSUS, which
provides for: "[p]arts suitable for use solely or principally
with the apparatus of headings 8525 to 8528: [o]ther: [o]ther:
[o]ther. . . ."

     Classification of the subject merchandise is precluded under
heading 8543, HTSUS, because the combiners, the receiver
multicoupler system, and the phone repeaters are classifiable
under heading 8525, HTSUS, and the PMUs are classifiable under
heading 8529, HTSUS.

HOLDING:

     The receiver multicoupler system and the combiners are
classifiable under subheading 8525.20.60, HTSUS, which provides
for: "[t]ransmission apparatus for radiotelephony,
radiotelegraphy, . . . whether or not incorporating reception
apparatus. . . : [t]ransmission apparatus incorporating reception
apparatus: [o]ther: [o]ther. . . ."  The general, column one rate
of duty is 6 percent ad valorem.

     The phone repeaters are classifiable under subheading
8525.10.60, HTSUS, which provides for: "[t]ransmission apparatus
for radiotelephony, radiotelegraphy, . . . whether or not
incorporating reception apparatus. . . : [t]ransmission
apparatus: [o]ther: [t]ransmitters. . .  ."  The general, column
one rate of duty is 6 percent ad valorem.  

     The PMUs are classifiable under subheading 8529.90.99,
HTSUS, which provides for: "[p]arts suitable for use solely or
principally with the apparatus of headings 8525 to 8528: [o]ther:
[o]ther: [o]ther. . . ."  The general, column one rate of duty is
5.9 percent ad valorem.  

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division