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NY 844932

Sept 14, 1989

CLA-2-85:S:N:N1:109 844932

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.30.5000, 8517.40.7000

Ms. Jo-Anne Hicks
Epic Data Corporation
770N Church Road
Suite A
Elmhurst, IL 60126

RE: The tariff classification of a telephone data terminal and a telephone line controller from Canada.

Dear Ms. Hicks:

In your letter dated August 22, 1989, you requested a tariff classification ruling.

The subject merchandise is described in the submitted literature as follows:

1. Telephone Data Terminal (TDT), identified as model 1647-120, is described as a microprocessor based terminal that offers a fast, easy, and accurate method of collecting and transmitting data to a host computer via a standard telephone network.

2. Telephone Data Network (TDN), is described as a data collection system. The TDN appears to be a network which routes signals to two or more locations.

The telephone data terminal and the telephone data network appear to be dedicated by their technology to the transmission of signals representing symbols, written messages, images or other data using a line connection. They do not appear to be easily adaptable to the transmission of speech or other sounds.

The applicable subheading for the telephone data terminal will be 8517.40.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[o]ther apparatus, for carrier- current line systems, [t]elegraphic." The rate of duty will be 4.7 percent ad valorem.

The applicable HTS subheading for the telephone data network will be 8517.30.5000, which provides for "telegraph switching apparatus." The rate of duty will be 4.7 percent ad valorem.

Goods classifiable under subheadings 8517.30.5000 and 8517.40.7000, HTS, which have originated in the territory of Canada, will be entitled to a 3.7 rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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