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NY 873525

MAY 19, 1992

CLA-2-85:S:N:N1:109 873525

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.82.0080

Mr. Richard Darnowski
Complete Customs Clearance Inc.
181 So. Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a personal communications terminal from France.

Dear Mr. Darnowski:

In your letter dated April 8, 1992, you requested a tariff classification ruling on behalf of Trident Technologies Inc., New York, N.Y.

The merchandise is described in your letter as a Personal Communications Terminal (PCT) designed for deaf, hearing impaired and speech impaired persons. It allows users for the first time to hold simultaneous two-way conversations on a full 25 line screen, leave and retrieve telephone messages, produce hardcopy on almost any conventional printer, access information databases and automatically recognize and connect with other PCT's and older generation telecommunications devices for the deaf. The item is basically a terminal that allows communication between any two individuals, not necessarily handicapped individuals.

You have indicated in your letter that you believe the PCT should be free of duty under subheading 9817.00.9600, HTS, which provides for "[a]rticles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons."

The personal Communications Terminal (PCT) is not significantly different from other types of terminals that are used by people who are not handicapped. We consider the PCT to be an apparatus that is useful to the general public and not to just one specialized group and therefore would not be eligible for special treatment under the subheading 9817.00.9600, HTS.

The applicable subheading for the Personal Communications Terminal will be 8517.82.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for "[other telegraphic apparatus]." The rate of duty will be 4.7 percent ad valorem.

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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