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NY R00770




September 29, 2004

CLA-2-85:RR:NC:MM:109 R00770

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.80.1020

Mr. Hector Flores
Import and Export Supervisor
Vtech Innovations Lp dba Advanced American Telephone
1143 SBC Center Parkway
San Antonio, TX 78247

RE: The tariff classification of a vt840 kit and a vt815 kit from China

Dear Mr. Flores:

In your letter dated August 30, 2004, you requested a tariff classification ruling.

The merchandise subject to this ruling is referred to in your letter as a vt840 kit and a vt815 kit. Your submission included descriptive literature, and drawings and photographs of these products.

You state in your letter that Bluetooth technology is no longer just for cellular phones. As a result, the vt840 kit is for use with lined home phones. The vt840 kit enables you to convert your corded or cordless home lined telephone into a Bluetooth enabled home phone. The vt840 uses Bluetooth technology to connect your Bluetooth cellular phone to your headset, eliminating cords from the lined home phone to the headset.

The vt840 kit consists of a vt815 Bluetooth home phone adapter, vt800 Bluetooth headset, two AAA rechargeable batteries, and a battery charger. The corded adapter design complements other communications products in a home. Through the use of one button, the adapter and the headset are easily paired. There is an on/off button, which picks up and ends a call, a volume control to raise and lower the volume, and an LED in-use indicator to indicate that the pairing between the adapter and the headset was successful, or that the unit is in a stand-by mode, or that the battery is running low. The vt840 kit’s headset uses 1 AAA battery, which provides 4-6 hours of talk time and up to 100 hours of stand-by time. The battery charger is used to recharge the batteries when they run low or run out of power. The product specification sheet for the vt815 Bluetooth home phone adapter states that it works as a Public Switch Telephone Network (PSTN) gateway, which enables the user to make and receive calls through the vt800 Bluetooth headset. As such, the vt815 Bluetooth home phone adapter imparts the essential character of the vt840 kit. Since the vt840 kit is for use with corded or cordless line connected home phones, and not cellular, whose transmission occurs through the Ethernet (atmosphere), the vt840 kit is classifiable within subheading 8517.80.10, as electrical apparatus for line telephony or line telegraphy.

The vt815 kit consists solely of a stand-alone vt815 Bluetooth home phone adapter. As mentioned above, the product specification sheet for the vt815 Bluetooth home phone adapter states that it works as a Public Switch Telephone Network (PSTN) gateway, which enables the user to make and receive calls through the vt800 Bluetooth headset. The vt815 Bluetooth home phone adapter is used with corded or cordless line connected home phones, not cellular phones. As is the case with the vt840 kit, the vt815 kit, stand-alone vt815 Bluetooth home phone adapter, is classifiable within subheading 8517.80.10, as electrical apparatus for line telephony or line telegraphy.

The applicable tariff provision for the vt840 kit and vt815 kit will be 8517.80.1020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 systems; videophones; parts thereof: Other apparatus: Telephonic: Other.” The general rate of duty will be free.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Sincerely,

Robert B. Swierupski
Director,

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