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NY I85136

September 3, 2002

CLA-2-85:RR:NC:MM:109 I85136


TARIFF NO.: 8517.19.8070

Mr. Thomas W. Phalen
Vice-President - Tax & Customs
345 Encinal Street
P.O. Box #635
Santa Cruz, CA 95060

RE: The tariff classification of Text Telephones from China

Dear Mr. Phalen:

In your letter dated August 6, 2002, you requested a tariff classification ruling.

The merchandise is described in your letter as Q90 and Dialogue III and IIIP Text Telephones. These items are designed as communication devices for deaf people who cannot use normal telephones and are multi-functional products that use a keyboard for communication over existing telephone lines. They have couplers that accommodate round and square handsets. The dialogue telephones have a built in printer.

The applicable subheading for the Text Telephones will be 8517.19.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphy; including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line systemsOther: Other: Single line: Other.” The rate of duty will be free.

Within your request, you also asked about a possible secondary classification of these items in 9817.00.96 as articles for the handicapped. While this would have no effect on the duty, which is already free, it could affect the applicability of Merchandise Processing and Harbor Maintenance Fees. However, at this time, we cannot issue a ruling classifying this merchandise as being designed solely for the deaf without further information. You must furnish written proof and schematics verifying that this merchandise was specifically constructed, designed and adapted for the sole use of a deaf person.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Linda M. Hackett at 646-733-3015.

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 Linda M. Hackett at 646-733-3015.


Robert B. Swierupski

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