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NY M84382

June 28, 2006

CLA-2-85:RR:NC:MM:109 M84382


TARIFF NO.: 8517.90.6400

Ms. Nancy-lee Glover
Gcb Glover Customs Brokers, Inc.
1510 Walkley Road
Ottawa, Ontario KIV 6P5

RE: The tariff classification of “Lit Paks” from the United States

Dear Ms. Glover:

In your letter dated June 20, 2006, you requested a tariff classification ruling and the country of origin, on behalf of your client Britawn Telecom, Inc.

This merchandise subject to this ruling is identified in your letter as “Lit Paks”. As imported, the “Lit Paks” consist of function keys, the push-button type, for lined telephones and printed matter particular to individual models of telephones. The “Lit Paks are packaged ready for retail sale to Britawn’s customers. The country of origin of the function keys is the United States and the country of origin of the printed matter is Canada. Samples of this merchandise were furnished for classification purposes and are being returned as per your request.

The function keys are replacement keys for lined telephones that will be sold to Britawn’s customers who refurbish and repair telephones. The printed matter identifies the models of telephones that the replacement keys will become a part of. Your letter stated that after Britawn’s customers refurbish/repair a telephone, to which these function keys will replace old ones, the printed matter will be supplied with the refurbished telephone. For classification purposes the “Lit Paks”, as imported, are considered to be a unit and the replacement keys and the printed matter would be classified under one tariff number. The classification will be determined based on the component that imparts the essential character. The “Lit Paks” will be purchased for the purpose of refurbishing and repairing old telephone keys. Therefore, the function keys impart the essential character of the “Lit Paks.” As such, since the function keys are manufactured in the United States, the proper origin to declare is the United States.

In your letter, you stated that you have found no reference in the Explanatory Notes (EN) to Section XVI or the Chapter Notes of Chapter 85 that would exclude them from a parts classification, yet you suggested that the classification of the “Lit Packs” should be Harmonized Tariff Schedule (HTS) subheading 4901.99.0092, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other (than certain enumerated) printed books containing 5 or more pages each, but not more than 48 pages each (excluding covers). EN 85.17 (A) (5) states that telephone sets consists of, among other things, dialing selectors (e.g. drum or push-button type). The function keys found in the “Lit Paks” are the push-button type. Additionally, the PARTS Section of EN 85.17 states:

“Subject to the general provisions regarding the classification of parts, (see the General Explanatory Note to Section XVI), parts of the apparatus of this heading are also classified here.”

Since these push-button keys are replacement function keys for lined telephones, of heading 8517, which impart the essential character of the “Lit Paks”, they are parts of apparatus of this heading (8517). As such, they are classified under subheading 8517.90.64, as parts for telephonic apparatus.

The applicable subheading for the Lit Packs will be 8517.90.6400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts: Other: Parts, Other: For telephonic apparatus: Other ”. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/

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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