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HQ 089416


August 20, 1991

CLA-2 CO:R:C:M 089416 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.81.00

District Director
U.S. Customs Service
Port of San Diego
880 Front Street
Rm 5-S-9
San Diego, CA 92188

RE: Protest Number 2501-0-000114; wireless intercom; EN 85.17; H. Conf. Rep. No. 576; HQ 088748; HQ 085661; Subheading 8517.82.00;

Dear District Director:

Protest for further review number 2501-0-000114 dated 10/02/90, was filed against the classification of the model WI- 3S wireless intercom within subheading 8517.81.00, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The submitted literature describes the model WI-2C wireless intercom as a complete in-house communications system. We assume that this device operates in a similar manner to the WI-3S (WI). The WI can be used to page and converse with people or monitor children in another room. It operates by being plugged into any AC wall outlet. The user may press the "call" button to page and the "talk" button to converse. The "lock" key function enables the user to continually communicate or monitor a room.

ISSUE:

Whether the subject WI is properly classifiable within subheading 8517.82.00, HTSUSA, which provides for other telegraphic apparatus; or classifiable within subheading 8517.81.00, HTSUSA, which provides for other telephonic apparatus.

LAW AND ANALYSIS:

Heading 8517, HTSUSA, provides for electrical apparatus for line telephony or telegraphy. The Explanatory Notes state that this phrase 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 electric current or of an optical wave flowing in a metallic or dielectric (copper, optical fibres, combination cable, etc.) circuit connecting the transmitting station to the receiving station." Harmonized Commodity Description and Coding System Explanatory Notes (ENs), 85.17, 1360 (1991). The subject merchandise satisfies this description. It is apparatus for transmission between two points of speech. While the ENs are not dispositive, they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUSA. H. Conf. Rep. No. 576, 100th Cong., 2d Sess., 549, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS 1582. We find the above note instructive in determining that the subject WI is classifiable within heading 8517, HTSUSA.

In HQ 088748 (5/29/91), Customs addressed the classification of an audio intercom. That device allowed for the transmission of speech between two stations. We ruled that this type of intercom was classifiable within subheading 8517.81.00, HTSUSA, as telephonic apparatus. The subject WI also involves the transmission of speech. Accordingly, the WI is also classifiable within subheading 8517.81.00, HTSUSA.

Subheading 8517.82.00, HTSUSA, provides for other telegraphic apparatus. The protestant claims that the subject WI satisfies this description. In HQ 085661 (2/15/90), Customs stated that telegraphic apparatus involves the transmission of impulses representing texts or images. The WI does not satisfy this description. As stated previously, the WI involves the transmission of speech. Accordingly, the subject WI is not properly classifiable within subheading 8517.82.00, HTSUSA, as telegraphic apparatus.

HOLDING:

The subject wireless intercom is properly classifiable within subheading 8517.81.00, HTSUSA, which provides for other telephonic apparatus. You should deny the protest. A copy of this decision should be attached to the Customs Form 19, Notice of Action, and forwarded to the protestant.

Sincerely,

John Durant, Director
Commercial Rulings Division

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