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December 16, 1996

CLA-2-85:SV:S:C:B16 A89914

Tariff No.: 8517.50.1000, 8524.91.0070

Mr. Anthony A. Dragone
Steven Buscemi Customs Brokerage
317 South Isis Avenue, Suite 201
Inglewood, CA 90301

Subject: Classification of Windows Fax Modem and Software

Dear Mr. Dragone:

In your letter dated November 21, 1996, you requested a binding tariff classification ruling for the "Windows Fax Modem including Software" on behalf of your client, MME Automotive.

The Fax Modem 33.6K bps Voice & Speakerphone Pentium Windows Modem features include date modulation , data compression, error correction, supporting automode, data/fax/voice auto detection, fax modulation, and supports both tone and pulse dialing. Your letter indicates the product will be manufactured by Amigo Technologies in Taiwan.

The applicable classification for the modem is 8517.50.1000 of the Harmonized Tariff Schedule (HTS) of the United States, which provides for "Electrical apparatus for line telephony or line telegraphy; Other apparatus, for carrier-current line systems or for digital line systems; Modems, of a kind used with data processing machines of heading 8471." The applicable rate of duty is 3.7%.

The applicable classification for the software is 8524.91.0070 of the HTS, which provides for "Records, tapes and other recorded media for sound or other similarly recorded phenomena; Other; Other." The applicable rate of duty is 5.8 cents per square meter of recording surface.

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 upon each importation of this merchandise. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


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