HQ 956550: Cabin Telecommunications Unit ("CTU"); Electronic Interface; Other Transmission Apparatus for Electro-magnetic Signals; Civil Aircraft Agreement ("CAA"); EN 85.25(A); HQs 954698, 956169

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 956550

                         August 11, 1994

CLA-2 CO:R:C:M 956550  RFA

CATEGORY:  Classification

TARIFF NO.: 8525.10.80

Mr. Robert Calandra 
Sandler, Travis & Rosenberg, P.A. 
505 Park Avenue 
New York, NY  10022-1106

RE:  Cabin Telecommunications Unit ("CTU"); Electronic Interface;
     Other Transmission Apparatus for Electro-magnetic Signals;
     Civil Aircraft Agreement ("CAA"); EN 85.25(A); HQs 954698,
     956169  


Dear Mr. Calandra:

     This is in response to your letter dated April 14, 1994, to
the Area Director of Customs in New York, on behalf of GTE
Airfone, concerning the tariff classification of GTE's Cabin
Telecommunications Unit ("CTU") under the Harmonized Tariff
Schedule of the United States (HTSUS).  Your letter was referred
to this office for a response. 

FACTS:

     The merchandise, labeled as the Cabin Telecommunications
Unit ("CTU"), is an airborne electronic interface that connects a
passenger telephone handset to one of two dedicated and
specialized radios situated in an equipment bay of an aircraft. 
The CTU functions as an integral component of an in-flight
telecommunications system which transmits voice and data signals
to ground radios and ground central switching networks. 

      The CTU is one of five subsystems that comprise "GenStar",
an advanced in-flight digital telecommunications system for
commercial airline passengers.  The in-flight component of the
"GenStar" System consists of the CTU combined with two other
specialized subsystems: (i) the passenger seatback handset
subsystem (called "UTE"); and (ii) the airborne radio subsystem
(called "ARADs").  The CTU acts as an interface controller by
routing a prepared radio digital signal from the UTE handset to
the ARADs. 

     The other components needed to complete the "GenStar" System
are two ground-based and separate elements: (i) Ground Radios
Subsystems ("GRSs"), which are situated in radio base stations
throughout North America, that receive the specialized radio link
voice and data signals from the aircraft, and (ii) Ground
Switching Networks ("GSNs").
  
ISSUE:

     Is the CTU classifiable as other transmission apparatus for
electro-magnetic signals 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.

     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(A), page 1374,
states as follows:

          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.

          This group includes inter alia: . . .

     (2)  Radio-telephony apparatus for motor vehicles,
          ships, aircraft, trains, etc. . . . 

     The "GenStar" System, which is an in-flight
telecommunications system that allows passengers to transmit
voice and data signals to ground radios and ground central
switching networks, is prima facie classifiable under the
function-related heading of 8525, HTSUS, which provides for:
"[t]ransmission apparatus for radiotelephony, radio telegraphy,
radiobroadcasting or television, whether or not incorporating
reception apparatus . . . :"  See HQ 956169 (April 29, 1994) and
HQ 954698 (April 29, 1994).

     The CTU acts as an interface controller by routing a
prepared radio digital signal from the passengers' handset to the
radio airborne subsystem.  However, the CTU does not incorporate
reception apparatus.  In HQs 956169 and 954698, Custom determined
that similar radio interfaces, not incorporating reception
apparatus, were classifiable under subheading 8525.10.80, HTSUS,
which provides for: "Transmission apparatus for radiotelephony,
radiotelegraphy, radiobroadcasting or television, whether or not
incorporating reception apparatus . . . : [t]ransmission
apparatus: [o]ther: [o]ther. . . ."  Therefore, we find that the
CTU is classifiable under subheading 8525.10.80, HTSUS, as other
transmission apparatus.

HOLDING:

     The Cabin Telecommunications Unit (CTU) is classifiable
under subheading 8525.10.80, HTSUS, which provides for:
"Transmission apparatus for radiotelephony, radiotelegraphy,
radiobroadcasting or television, whether or not incorporating
reception apparatus . . . : [t]ransmission apparatus: [o]ther:
[o]ther. . . ."  The general, column one rate of duty is 6
percent ad valorem.

     Goods classifiable in subheading 8525.10.80, HTSUS, may be
eligible for free entry under the Civil Aircraft Agreement, upon
compliance with applicable law and Customs Regulations. 

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division