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NY N008478





March 26, 2007

CLA-2-90:RR:E:NC:N1:105

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Mr. Stephen Gaikwad
Vantis Custom House
82 St. John Street
London EC1M United Kingdom

RE: The tariff classification of Telephone Test Sets from the United Kingdom

Dear Mr. Gaikwad:

In your letter dated March 19, 2007 for Fluke Corporation, you requested a tariff classification ruling. No sample was provided.

You state: “Telephone Test Sets – Model nos TS44DLX, TS42DLX, TS22, TS25D, TS30, TS120, & TS19. These products are specifically designed telephone test sets designed to meet the voice and data demands of telecommunication technicians. Products are portable, handheld, battery operated devices whose features include preventing interruption of existing data traffic, DSL/POTS filtering technology that allows testing on the POTS side while data is present, overvoltage and over current protection, etc.”

From the information in the Fluke Networks Telephone Test Sets brochure you sent, all the items are similar in that they are connected by alligator clips or otherwise to an exposed telephone wire, have a regular keyboard for making calls, and have a speaker and receiver. They are “butt-in tests sets” in that ongoing calls can be listened to (to listen for static, etc.) as well as making new calls to test the line and the switching equipment downstream.

You propose classification in HTSUS 9030.40.

However, your items are quite similar to the Telephone Hand Test Sets in Headquarters Ruling Letter 089928, 11-6-91 (in Cross) and the Telephone Lineman’s Test Set in HRL 089594, 9-26-91 (not in Cross). Both of those items were classified in HTS 9031.80, not in 9030 as measuring or checking Electrical Quantities.

The applicable subheading for your items will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7 percent ad valorem.

We are assuming that the country of origin for the products is the United Kingdom.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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