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January 19, 1999

CLA-2-85:RR:NC:MM:109 D85987


TARIFF NO.: 8518.10.8030

Mr. E. Brownell Johnson
Attorney at Law
Post Office Box 799
Huntington, New York 11743-5106

RE: The tariff classification of the ANC-300 Andrea Anti-Noise Cancellation PC Microphone from China

Dear Mr. Johnson:

In your letter dated December 17, 1998 you requested a tariff classification ruling on behalf of your client Andrea Electronics Corporation.

The merchandise is described in your letter and submitted descriptive literature as the ANC-300 Andrea Anti-Noise Cancellation PC Microphone. A sample was provided. The microphone is designed to be used with and plug into a computer that has voice/sound capabilities. The microphone with anti-noise technology provides enhanced sound input by reducing background noises and attenuation. The enhanced voice input allows for the effective use of voice recognition applications, such as direct dictation. The microphone is designed with a grip for hand held use. It can also be put into a base for desk top use. The grip contains a three position switch: desktop, mute, and hand held. The unit does not include a speaker or earphone. It has a frequency range of 100 Hz to 10 kHz.

The applicable subheading for the ANC-300 Andrea Anti-Noise Cancellation PC Microphone will be 8518.10.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for “[m]icrophones and stands thereof: [o]ther: [m]icrophones.” The rate of duty will be 4.9 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Eileen S. Kaplan at 212-466-5673. After January 28, 1999 the telephone number will be changed to 212-637-7048.


Robert B. Swierupski

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