HQ 0086123 - Remote cable pair switching system (RECAPSS) for telephonic systems - United States International Trade Commision Rulings

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HQ 086123

April 13, 1990

CLA-2 CO:R:C:G 086123 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.40.50

Mr. Paul D. Ellet
Director of Sales
Remote Switch Systems, Inc.
2683 North Taft Avenue
Loveland, Colorado 80538

RE: Remote cable pair switching system (RECAPSS) for telephonic systems

Dear Mr. Ellet:

This is in reply to your letter of November 13, 1989, requesting classification of a remote cable pair switching system (RECAPSS), under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The RECAPSS system is used to accomplish an uninterrupted transfer of telephone subscribers' lines from the cables of one central office to the cables of another central office. Both the new and the old cables are connected to the RECAPSS system. Then, from a remote location, each individual phone line can be switched from the old cable to the new cable. Each telephone line is switched by a "C" type latching relay. After all the lines have been switched to the new cable, the RECAPSS system is removed and used at a different location.

The components of the RECAPSS system are:

1. Remote switch unit with relays
2. Portable switch actuator
3. Switch control unit
4. Console interface
5. General purpose AT&T monitor
6. General purpose keyboard

ISSUE:

What is the classification of a RECAPSS remote telephone cable replacement switching system under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

Heading 8517, HTSUSA, provides for: "[e]lectrical apparatus for line telephony or line telegraphy, including such apparatus for carrier-current line systems." The Harmonized Commodity Description and Coding System Explanatory Notes to heading 8517, page 1360, state:

The term "electrical apparatus for line telephony or line telegraphy" means apparatus for the transmission between two points of speech or other sounds (or of symbols representing written messages, images or other data), by variation of an electrical current or of an optical wave flowing in a metallic or dialectric (copper, optical fibers, combination cable, etc.) circuit connecting the transmitting station to the receiving station. (Emphasis added).

The RECAPSS system is designed "for the transmission between two points of speech..." and for "...connecting the transmitting station to the receiving station." Clearly, the whole purpose of the RECAPSS device is to prevent the interruption of phone service when replacing telephonic cables. Furthermore, telephonic speech flows directly through the RECAPSS system while it is connecting the transmitting station to the receiving station.

All of the components of the RECAPSS system contribute to the clearly defined telephonic function. Legal Note 4, section XVI, directs that all RECAPSS components must be classified in the heading appropriate to the function. Therefore, the RECAPSS system is properly classifiable under heading 8517, HTSUSA.

HOLDING:

The RECAPSS telephonic cable switching system is classifiable under 8517.40.50, HTSUSA, which provides for: "[e]lectrical
apparatus for line telephony...: [o]ther apparatus, for carrier- current line systems: [o]ther." The rate of duty is 8.5% ad valorem.

Sincerely,

John Durant, Director

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