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NY 865966

Sept 6, 1991

CLA-2-85:S:N:N1:109 865966

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.30.3000, 8517.82.0080

Mr. James L. Gregory
C.F. Liebert, Inc.
P.O. Box L
Blaine, WA 98230

RE: The tariff classification of a network FAX messaging system, FAX O'MATIC, and RING O'MATIC from Canada.

Dear Mr. Gregory:

In your letter dated August 7, 1991, you requested a tariff classification ruling on behalf of TGI Technologies, Ltd., Canada.

Your letter requests a tariff classification ruling on a Fax messaging system which consists of the following articles:

1. The SCI Net 2000 network Fax messaging system acts as a shared resource fax server for a local area network. The server hosts the incoming telephone lines and is networked with a file server, printer, and any number of work stations. It simultaneously serves multiple users and can expand to manage up to 8 fax lines.

2. The FAX O'MATIC is equipment which allows a telephone and a FAX machine to share one telephone line. The equipment acts as a switch by allowing either a voice caller or a FAX message to come into the system.

3. The RING O'MATIC selectively routs incoming calls before they are answered by interpreting the cadence of the telephone ringing. The equipment suppresses and analyses the first ring cycle and then routes the call accordingly. This equipment acts as switching apparatus.

The applicable subheading for the SCI Net 2000 network fax measuring system will be 8517.82.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for "Electrical apparatus for line telephony or telegraphy: other apparatus: telegraphic, other." The rate of duty will be 4.7 percent ad valorem.

The applicable subheading for the FAX O'MATIC and the RING O'MATIC will be 8517.30.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Telephonic switching apparatus: other." The rate of duty will be 8.5 percent ad valorem.

Goods classifiable under subheading 8517.82.0000, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 8517.30.3000, HTS, which have originated in the territory of Canada, will be entitled to a 3.4 percent 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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