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NY 864956

Jul 29, 1991

CLA-2-84:S:N:N1:103 864956


TARIFF NO.: 8479.89.3040; 7310.10.0050; 4819.30.0020; 8302.49.8090

Mr. Karl Thompson
Communications Manufacturing Company
2234 Colby Avenue
Los Angeles, CA 90064

RE: The tariff classification of telephone maintenance equipment from Canada

Dear Mr. Thompson:

In your letter dated May 22, 1991 you requested a tariff classification ruling.

The CMC 4930 is a vacuum cleaner designed to remove dirt, solder, wire clippings, loose hardware and liquids from switching equipment in telephone central offices. It is sold by your firm directly to end users such as the various regional Bell system telephone companies. The unit comes with attachments for cleaning terminal blocks, cross connect frames, cable racks, relays, and similar switching equipment components. Cyclonic action within the vacuum cleaner separates refuse material by weight, so that heavier material is forced into a 3.5 gallon collection canister while fine dust is trapped by a foam filter. The CMC 4930 comes with a wheeled caddy which both holds the vacuum cleaner and provides storage space for the attachments. Standard attachments provided with the unit are: 15 feet of flexible hose, a 14 inch curved wand with suction control, 20 inch extension, crevice and block tool, 5 inch frame and rack tool, dusting brush, tool brush, wall or floor brush, perforator tool, and U and Y relay tool. The CMC 4930 is made of steel and features a 1.9 horsepower electric motor and retractable 20 foot cord. It is 32 inches high, 11.5 inches in diameter, and weighs 26 pounds.

The CMC 4932 Digi-Vac is designed for use in digital central offices and is similar to the CMC 4930 described above. It is shielded to protect against radio frequency and electro-magnetic interference, and grounded to prevent the buildup of static electricity. It features a high efficiency HEPA filter capable of removing contaminating particles as small as .3 microns, and LED indicators which show the condition of the filter and grounding system. It is also supplied with a caddy and standard accessories.

The CMC 4988 scrap wire holder is a fireproof container designed to receive hot pieces of cut scrap wire as refuse. It is made of heavy gauge steel, has a hinged front opening door and a lid, and is mounted on casters. A multiwall paper scrap wire bag, measuring 20 inches by 44 inches, fits inside the unit and can easily be replaced when full. The lid is propped open with a rod, which rests on a small mounting located on the inside of the container, called a fusible link. The fusible link is made of lead, and will melt if the inside of the container reaches 165 degrees Fahrenheit, allowing the lid to close and preventing a fire. It appears from the descriptive information furnished that the container exceeds 50 liters in capacity.

The CMC 4930 and CMC 4932 vacuum cleaners, along with their caddy and standard tools, each form a set whose essential character is imparted by the vacuum cleaner. Accordingly, when presented together with the caddy and standard tools, the applicable subheading for the CMC 4930 and CMC 4932 will be 8479.89.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for industrial vacuum cleaners. The duty rate will be 3.4 percent ad valorem.

The applicable subheading for the CMC 4988 scrap wire holder will be 7310.10.0050, HTS, which provides for other tanks, casks, drums, boxes and similar containers, of iron or steel, of a capacity of 50 liters or more. The rate of duty is free. Replacement paper bags for the CMC 4988, imported separately, are classifiable in subheading 4819.30.0020, HTS, which provides for bags...of paper: sacks and bags, having a base of a width of 40 cm or more: shipping sacks and multiwall bags, other than grocers' bags. The rate of duty will be 5.3 percent ad valorem. The fusible link for the CMC 4988, imported separately, is classifiable in subheading 8302.49.8090, HTS, which provides for base metal mountings, fittings and similar articles, and will be dutiable at the rate of 5.1 percent ad valorem.

Goods classifiable under the following subheadings of the HTS, which have originated in the territory of Canada, will be entitled to the rates of duty shown below under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations:

HTS Subheading Duty Rate
8479.89.3040 2.3% ad. val.
4819.30.0020 2.1% ad. val.
8302.49.8090 3.5% ad. val.

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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