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HQ 083298

February 28, 1989

CLA-2 CO:R:C:G 083298

CATEGORY: CLASSIFICATION

Tariff No: TSUS 684.59 685.28.

District Director of Customs
U.S. Customs Service
P. O. Box 2450
San Francisco, California 94126

RE: Internal Advice Request No. 35/88 Concerning the tariff classification of supervisory and control equipment

Dear Sir:

This request for internal advice was forwarded to Headquarters at the suggestion of the National Import Specialist on December 7, 1988.

FACTS:

The supervisory and control equipment is imported by NEC America for use in a series of their Digital Microwave Radio Systems (DMR). According to the literature submitted the supervisory control equipment provides automatic RF channel switchover control in 1 X N RF channel protected functions for master and remote stations, as well as drop and insert functions for the service channel.

ISSUE:

The issue is whether the equipment is radio transmission and reception apparatus or whether it is telephone apparatus. If the former, classification will be under item 684.59 Tariff Schedules of the United States (TSUS). If the latter, classification will be under item 685.28, TSUS.

LAW AND ANALYSIS:

Advice from the Federal Communications Commission is that the supervisory and control equipment can only be used with microwave radio systems and cannot be used with completely wired
telephone systems. Thus, classification as telephone apparatus is unwarranted.

HOLDING:

The supervisory and control equipment is classifiable under item 685.28, TSUS.

Sincerely,


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