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HQ 951095

May 29, 1992

CLA-2 CO:R:C:M 951095 AJS


TARIFF NO.: 684.67

District Director
U.S. Customs Service
P.O. Box 2450
San Francisco, CA 94126

RE: Protest 2809-89-001842; Channel adapter pedestal assembly; item 676.54; item 684.66; General Headnote 10(ij).

Dear Sir:

Protest for further review number 2809-89-001842, dated September 13, 1989, was filed against the tariff classifi- cation of a "Channel Adapter Pedestal Assembly" (channel adapter) within item 684.66, Tariff Schedules of the United States (TSUS).


The channel adapter is described as a "data communi- cations product" in the submitted literature. It is a printed circuit board assembly which allows a Sun system to communicate with an IBM mainframe. The channel adapter translates and transmits data from the Sun system to the IBM system.


Whether the subject channel adapter is classifiable within item 684.66, TSUS, which provides for telegraphic terminal apparatus (including teleprinting and teletypewriting machines); or classifiable within item 684.67, TSUS, which provides for "other" telegraphic apparatus; or classifiable within item 676.54, TSUS, which provides for parts of automatic data processing machines.


Item 684.66, TSUS, provides for telegraphic terminal apparatus. We have previously ruled that similar channel devices are classifiable as telephonic apparatus when
they involve the transmission of both speech and data. HQ 085661 (2/15/90). In addition, we also stated that telegraphic apparatus involve the transmission of only data. While HQ 085661 was decided under the Harmonized Tariff Schedule of the United States, we consider it instructive inasmuch as the interpretation of a similar provision was at issue. The subject channel adapter is described as a "data communications product" which involves the transmission of data. Accordingly, it is properly classifiable as a type of telegraphic apparatus. However, it does not satisfy the description of terminal apparatus inasmuch as it is located between different terminals or end points (e.g., teleprinting or teletypewriting machines) of a communications system. Instead, the channel adapter is described within item 684.67, TSUS, which provides for "other" telegraphic apparatus.

Item 674.54, TSUS, provides for parts of ADP machines. The protestant contends that the subject channel adapter satisfies this description. However, a provision for "parts" of an article does not prevail over a specific provision for such part. General Headnote 10(ij). As discussed previously, the subject channel adapter is provided for within item 684.67, TSUS. Furthermore, we also rejected the classification of similar channel devices as ADP equipment in HQ 085661. Therefore, the subject channel adapter is not properly classifiable within item 674.54, TSUS.


The subject channel adapter is classifiable within item 684.67, TSUS, which provides for "other" telegraphic apparatus. Since reclassification of the merchandise as indicated above would result in no net duty reduction, you should deny the protest in full. A copy of this decision should be attached to the Customs Form 19 and mailed to the protestant as part of the notice of action on the protest.


John Durant, Director
Commercial Rulings Division

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