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NY F82940

February 16, 2000

CLA-2-85:RR:NC:1:108 F82940


TARIFF NO.: 8525.10.9090

Ms. Laura Guay
Livingston International Inc.
100 Walnut Street
Champlain, NY 12919

RE: The tariff classification of RF apparatus for cellular telephone use from China.

Dear Ms. Guay:

In your letter dated February 7, 2000, on behalf of your client Mitec Telecom Inc., you requested a tariff classification ruling.

The items in question are denoted as a filter, model M4029, a low noise amplifier (LNA), model CEL 915-L33, a power amplifier, model CEL 950-47 and a radio frequency sub system (RFSS), model RFSS 1900. These items are specified for use, by Mitec Telecom, for the cellular telephone and personal communications services base stations. The submitted literature categorizes these items as the Wireless Product Group.

The filter, model M4029, basically filters out unwanted frequencies and allows only certain frequencies to pass within the transmission path. The filter is designed for use in both cellular and PCS base stations.

The low noise amplifier (LNA), model CEL 915-L33 and the power amplifier (PA), model CEL 950-47 both amplify RF transmission signals. The basic difference is that the amplification level for the low noise amplifier is less than 1 watt and the power amplifier’s is between 2 and 100 watts. The low noise amplifier boosts the signal from the cell phone to the base station and the power amplifier boosts the signal from the base station to the cell phone.

The radio frequency sub system (RFSS) model RFSS 1900 is merely an integrated subsystem comprised of the aforementioned components. It is designed to perform the combined functions, as a subsystem, housed on one chassis.

Based upon the product literature these items are not the receivers within a cellular phone network or a PCS system. They are primarily designed for the proper and further transmission of the RF signals in a wireless transmission system

The applicable subheading for the filter, low noise amplifier, power amplifier and RF subsystem will be 8525.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders; Transmission apparatus: Other Other. The rate of duty will be 1.1 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 Michael Contino at 212-637-7039.


Robert B. Swierupski

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