HQ 085578: FXD-10 facsimile demonstration device

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 085578


                           January 10, 1990


CLA-2 CO:R:C:G 085578 MBR

CATEGORY:  Classification

TARIFF NO.:  8517.82.00

Mr. C. David Freeman
High-Tech Resources, Inc.
230 Main Street
Ellsworth, Maine 04605

RE:  FXD-10 facsimile demonstration device

Dear Mr. Freeman:

  This is in reply to your letter of September 5, 1989,
requesting classification of the FXD-10 facsimile demonstration
device, under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).

FACTS:

  The descriptive literature notes that facsimile machines may be
demonstrated to prospective buyers who have single line telephone
sets and/or PBX telephone systems by simply plugging the line
cord of the facsimile machine into a wall jack.  However, this is
not the case with "key" telephone systems.  In the "key" system,
only specific makes and models of station units (desk telephone
sets) may be used since the signals passing between the station
unit and the KSU (key system central unit) are not industry
standard telephone units.  The FXD-10 enables the sales
representative to interface a facsimile machine with any key
system station unit in order to access a telephone line and
send/receive facsimiles.  The FXD-10 is battery powered, has a
four wire/four pin mini-connector enabling the device to
interface with a station unit handset cord as well as a four
wire/six position RJ11 jack for connection to a facsimile.  The
FXD-10 also enables the demonstration of other devices similarly
requiring the connection to a telephone line.

ISSUE:

  What is the classification of the FXD-10 facsimile
demonstration device under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA)?


LAW AND ANALYSIS:

  The General Rules of Interpretation (GRI's) to the HTSUSA
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...

  Heading 8517, HTSUSA, provides for electrical apparatus for
line telephony or telegraphy, including such apparatus for
carrier-current line systems.  The Harmonized Commodity
Description and Coding System Explanatory Notes to heading 8517,
HTSUSA, page 1360, state:

     The term "electrical apparatus for 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 fibers,
     combination cable, etc.) circuit connecting the
     transmitting section to the receiving section.  The
     heading covers all such electrical apparatus designed
     for this purpose, including the special apparatus used
     for carrier-current line systems.

  Clearly, the FXD-10 is "electrical apparatus" "for the
transmission between two points" "of speech or other sounds or of
symbols representing written messages, images or other data."

  There are no competing provisions for classification of the
FXD-10, as described.  Therefore, The FXD-10 is properly
classifiable under subheading 8517.82.00, HTSUSA, which provides
for other apparatus: telegraphic.

HOLDING:

  The FXD-10 is classifiable under subheading 8517.82,00,
HTSUSA, which provides for other apparatus: telegraphic.  Since
the merchandise at issue is imported from Canada, it is eligible
for the "Special" rate of duty of 2.8% ad valorem, upon
compliance with all applicable regulations.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division