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NY L81876

January 25, 2005

CLA-2-85:RR:NC:1:108 L81876


TARIFF NO.: 8525.20.9080

Mr. Thomas W. Phalen
345 Encinal Street
P.O. Box 635
Santa Cruz, CA 95060

RE: The tariff classification of a wireless office headset system from China.

Dear Mr. Phelan:

In your letter dated December 28, 2004, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is referred to as the “CS50 Wireless Office Headset System,” that consists of an integrated wireless headset with a base unit that acts as an adapter/charger. The base unit connects to the office telephone in lieu of the telephone’s standard handset, thereby enabling the adapter of the base unit to transmit wirelessly its received signal directly to the headset by secure radio communications; the charger of the base unit can fully recharge the headset in less than three hours. It is stated that this system operates in the 902-928MHz radio band. This system, which operates at a low-duty cycle in a non-constant envelope mode, is based on the European DECT standard, with the frequency band shifted to comply with North American regulatory requirements. It is also stated that this product is sold as one unit that allows a person to roam up to 300 feet in a typical office and communicate with his office phone.

Explanatory Note X to General Rule of Interpretation (GRI) 3 (b), Harmonized Tariff Schedule of the United States (HTS), provides for the purpose of this rule that the term “goods put in sets for retail sale” shall be taken to mean goods which:

A) consist of at least two different articles which are, prima facie, classifiable in different headings;

B) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

C) are put up in a manner suitable for sale directly to users without repacking.

It is noted that the aforementioned articles are prima facie classifiable in different headings. The adapter incorporated in the wired base unit is classifiable under heading 8517, HTS, and the wireless headset is classifiable under heading 8525, HTS. Together, each article enables the user to communicate by a cellular telephone in a wireless mode. At the time of importation, these goods are stated to be put up in a manner suitable for sale directly to users without repacking. Therefore, based on meeting the above criteria, this merchandise would be considered a set for tariff purposes.

In reference to GRI 3 (b), the subject goods of the above set shall be classified as if they consisted of the component which gives them their essential character.

It is the opinion of this office that neither item imparts the essential character of the set. The headset enables the user to communicate without wires connecting the headset to the cellular phone and the adapter enables the headset to be operational by transmitting wirelessly the received radio signals to the headset. In this manner, they function together to accomplish the task of communicating hands-free by a cellular.

Therefore, classification will be in accordance with GRI 3 (c), HTS, which requires that goods shall be classified under the heading (in this instance, 8525) which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for this wireless office headset system will be 8525.20.9080, 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 and other video camera recorders; digital cameras: Transmission apparatus incorporating reception apparatus: OtherOther. The rate of duty will be free.

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 646-733-3014.


Robert B. Swierupski

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