HQ 081395: Programmable Telephone Answering and Recording System

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