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NY R02586

September 27, 2005

CLA-2-71:RR:NC:SP:233 R02586


TARIFF NO.: 9403.90.8040

Ms. Melissa Hoffman
Ericsson, Inc.
6300 Legacy Drive
Plano, TX 75024

RE: The tariff classification of a Noise Limiting Hood from Sweden

Dear Ms. Hoffman:

In your letter dated September 14, 2005, you requested a tariff classification ruling.

The item to be imported is identified as Item# BFY 102 06/08 Noise Limiting Hood. The item is designed specifically for radio base stations which are floor standing cabinets used to house telephone switching or radio base station equipment. The hood is made of aluminum that is coated with a sound absorbent polyurethane plastic. The item also includes small stainless steel brackets that are used for installation. The hood functions to reduce the noise level of the operating radio base station by approximately 10 decibels. You have submitted a diagram of the Noise Limiting Hood, a description of the Noise Limiting Hood, and photos of a radio base station with the Noise Limiting Hood.

Although the Noise Limiting Hood is an optional accessory to the radio base stations, the noise limiting hoods are designed for certain model radio base stations (furniture), and have no other use. In accordance with Bauerhin vs. the United States, they are classified as parts of furniture.

The applicable subheading for the Noise Limiting Hood will be 9403.90.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Parts: Other: Other, Of metal.” 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 Lawrence Mushinske at 646-733-3036.


Robert B. Swierupski

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