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NY E87451




October 15, 1999

CLA-2-85:RR:NC:MM:109 E87451

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.5000; 8525.20.9080; 8504.40.8500; 8544.41.4000; 8544.41.8000

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of the CyberGenie CG 1000 PC Phone System from China

Dear Ms Cumins:

In your letter dated September 17, 1999, you requested a tariff classification ruling on behalf of Ericsson Incorporated of Richardson, Texas.

The merchandise is described in your letter and submitted descriptive literature as the CyberGenie CG 1000 PC Phone System. A sample of the system was submitted. The system is packaged as a set for retail sale. This is a PC Cordless Phone System. It is designed for Small Office/Home Office (SOHO) applications. It provides a Virtual Personal Assistant in a multi-line, multi-user communication solution. The system will support up to two PSTN analog lines and up to 10 DG 200 Digital Cordless Handsets. It has a 2.4 GHz base station with Digital Spread Spectrum Radio Technology. Features include dial by name, unified messaging, remote message notification, customized call answering, remote access and caller ID capabilities. In the event of a PC failure, the phone system will operate independent of the PC. Mr. Robb Lane and Mr. Onno Harms of Ericsson stated, in a telephone conversation, that this system is not capable of performing switching functions in itself. Switching is dependent on software resident in the PC. Mr. Lane indicated that the software is an U.S. product and will not be imported. You indicate that the CyberGenie will be imported as a set in the following basic configuration:

· 1 DA 202 Base Station with Stand and Wall Mount · 1 DG 200 Digital Cordless Handset
· 1 XA 200 Charger
· Phone Cables
· AC/DC Adapter
· Belt Clip
· User Manuals

You have also inquired about the classification of the following components that may be imported separately:

· DA 202 Base Station
· DG 200 Digital Cordless Handset
· AC/DC Adapter
· Cables

The applicable subheading for the CyberGenie CG 1000 PC Phone System will be 8517.50.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[o]ther apparatus, for carrier-current line systems or for digital line systems: [o]ther: [t]elephonic.” The rate of duty will be 2.1% ad valorem.

The applicable subheading for the DA 202 Base Station will be 8517.50.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[o]ther apparatus, for carrier-current line systems or for digital line systems: [o]ther: [t]elephonic.” The rate of duty will be 2.1% ad valorem.

The applicable subheading for the DG 200 Digital Cordless Handset will be 8525.20.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for “[t]ransmission apparatus incorporating reception apparatus: [o]ther: [o]ther.” The rate of duty will be free.

The applicable subheading for the AC/DC Adapter will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “[s]tatic converters: [f]or telecommunication apparatus.” The rate of duty will be free.

The applicable subheading for the electrical cables that connect directly to the PSTN will be 8544.41.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[o]ther electric conductors, for a voltage not exceeding 80 V: [f]itted with connectors: [o]f a kind used for telecommunications.” The rate of duty will be 0.9% ad valorem.

The applicable subheading for the other system cables will be 8544.41.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[o]ther electric conductors, for a voltage not exceeding 80 V: [f]itted with connectors: [o]ther.” The rate of duty will be 2.6% 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 212-637-7048.

Sincerely,

Robert B. Swierupski
Director,

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