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NY 849734

Feb 27, 1990

CLA-2-85:S:N:N1:109 849734


TARIFF NO.: 8517.40.5000

Ms. Barbara Lasher
Milne & Craighead Customs Brokers
100 International Boulevard
Sweetgrass, Montana 59484

RE: The tariff classification of modems from Canada.

Dear Ms. Lasher:

In your letter dated February 12, 1990, you requested a tariff classification ruling on behalf of Barnett Engineering, Ltd, Calgary, Alberta, Canada.

The modems, identified in the submitted literature as B1449 and B1474, are described as devices which allows the connection of data facilities to either land mobile radio systems or dedicated landlines. They offer all of the timing and control features necessary to interface between RS 232 and the radio environment. Several transmission speeds are available and all parameters are field settable through DIP switches. The modems appear to be capable of voice communication.

The applicable subheading for the modems will be 8517.40.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[e]lectrical apparatus for line telephony: [o]ther apparatus, for carrier-current line systems: [t]elephonic." The rate of duty will be 8.5 percent ad valorem.

Goods classifiable under subheading 8517.40.5000, HTS, which have originated in the territory of Canada, will be entitled to a 5.1 percent ad valorem rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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