us-cbp-cross-rulings-hq-084990•HQ 084990: Composite machine; facsimile machine with telephone and answering device
HQ 084990: Composite machine; facsimile machine with telephone and answering device
us-cbp-cross-rulings-hq-084990HQ 084990: Composite machine; facsimile machine with telephone and answering deviceGuidance
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 084990
October 3, 1989
CLA-2 CO:R:CV:G: 084990 JLV; 842359 NY
CATEGORY: Classification
TARIFF NO.: 8517.82.0040
Madeline B. Kuflik, Esq.
Matsushita Electric
Corporation of America
One Panasonic Way
Secaucus, New Jersey 07094
RE: Composite machine; facsimile machine with telephone and
answering device
Dear Ms. Kuflik:
In a letter of June 5, 1989, on behalf of Panasonic
Company, a division of Matsushita Electric Corporation of
America, you requested a ruling on the classification, under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), of certain facsimile machines, of which some are
currently imported and others will soon be imported. This
classification decision applies to transactions which were
prospective at the time of your request.
FACTS:
The Panasonic models are the KX-F80, KX-F100, KX-F120,
KX-F3500, KX-F220, and KX-F320. The KX-F80 is a portable
facsimile (fax) machine; the others are desk-top fax machines.
All the machines have telephone functions. The KX-F80 does
not have a handset but has a hands-free speaker phone
function. Concerning the fax function, all models feature two
transmission modes: normal mode for regular documents and
fine mode for detailed documents. The KX-F220 and KX-F320
also have a super fine transmission mode which gives a
resolution that is four times that of normal Group 3 models.
Depending on the specific model, a fax machine may have
one or more of these enhancements: programmable facsimile
destinations (numbers), pre-set facsimile numbers, 16-step
- 2 -
half tones for detection of different shades of gray, polling
function, reverse polling function, sequential broadcast
capability, confidential transmission capability, memory
reception, and others.
Each machine also has a telephone voice function with
features such as automatic dialer, speakerphone, automatic
redial, pause, mute and answer-back. Furthermore, each
machine also has an answering device which records incoming
messages and provides for an outgoing message.
The machines are designed to be connected to telephone
lines and to transmit and receive through these lines.
ISSUE:
What is the principal function of a machine which is an
electrical apparatus for line telephone or telegraphy and
which can function as a facsimile machine, telephone, and
answering machine?
LAW AND ANALYSIS:
The machines are described in heading 8517, which
provides in pertinent part for "[e]lectrical apparatus for
line telephony or telegraphy." This term is defined in the
Explanatory Notes (EN) to heading 8517:
The term "electrical apparatus for
line telephony or line telegraphy" means
apparatus for the transmission between two
points of speech or other sounds (or of
symbols representing written messages,
images or other data), by variation of an
electric current or of an optical wave
flowing in a metallic or dielectric
(copper, optical fibres, combination cable,
etc.) circuit connecting the transmitting
station to the receiving station.
The competing levels of indentation within 8517 are
subheading 8517.10 for telephone sets and subheading 8517.82
for other apparatus: telegraphic. Because the competing
provisions are subheadings at the same level of indentation
within the same heading, General Rule of Interpretation (GRI)
6 directs classification according to the terms of the
subheadings, any related subheading notes, and, mutatis
mutandis, GRI 1 through 5 and the relative section and chapter
notes, unless the context requires otherwise.
- 3 -
In this case, as directed by GRI 1, note 3 of section XVI
is a relative section note which, if a principal function can
be determined, controls classification for composite machines.
Each model in issue is a composite machine: a telephone
handset, a telephone answering device and a facsimile machine,
all of which are joined together to form a whole which
performs separate functions, either consecutively or
simultaneously. These separate functions are complementary.
The Explanatory Notes (EN) to heading 8517 indicate that
the answering device, when combined with a telephone set into
an integrated unit, is classified with the telephone as a
telephone set (subheading 8517.10). Facsimile machines,
however, are described in these EN as telegraphic apparatus:
machines designed for converting texts or images into
appropriate electrical impulses and for transmitting those
impulses, and for receiving these impulses and converting them
into symbols, representations, or the text or image itself.
Therefore, it appears that the functions to be compared are
those of a telephone set incorporating an answering device,
and a facsimile machine.
When comparing the functions, percentage of use in this
case does not control. The retail price of a telephone set
with answering device that is comparable in features to the
telephone and answering device in the KX-F120 is approximately
$130.00. The retail price of the KX-F120 is approximately
$959.00. Advertising literature indicates that a composite
machine, such as those in issue, are advertised as facsimile
machines with the answering device as a built-in feature. The
telephone (voice communication) function appears to be a
standard feature on machines advertised as "fax" machines.
The North American Facsimile Guide, No. 5, January, 1989
(Info-Market, Inc.), a publication "intended to help those
considering the purchase, lease or rental of a facsimile
machine," lists the current Panasonic models KX-F100 and KX-
F120. In The Guide, summary descriptions of the fax machines
are in terms related to the fax function: resolution,
document input and output, transmission speed, gray scale, and
memory. Voice answering devices have become a more common
function built into fax machines.
In view of this information, we conclude that the
principal function of the composite machines is the facsimile
function. Therefore, classification of the machines is in
subheading 8517.82.0040, HTSUSA, as other telegraphic
apparatus.
- 4 -
HOLDING:
The Panasonic KX-F80, KX-F100, KX-F120, KX-F3500, KX-
F220, and KX-F320 are composite machines, the principal
function being the facsimile function, and are classified in
subheading 8517.82.0040, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NY Seaport
1cc: NIS Irwin Josephs
2cc: Chief, CIE
1cc: Director, Trade OPs
1cc: AC, CO
1cc: Reading File
1cc: Durant
LIBRARY: valentin
FILE NAME: 084990
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.