United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 NY Rulings > NY 881961 - NY 882092 > NY 881983

Previous Ruling Next Ruling
NY 881983

---

February 3, 1993

CLA-2-49:S:N8:234 881983

CATEGORY: CLASSIFICATION

TARIFF NO.: None

Mr. Harold L. Christensen
1932 South Walts Avenue
Sioux Falls, South Dakota 57105-2736

RE: The tariff classification of an electronically transmitted computer file, from Mongolia.

Dear Mr. Christensen:

In your letter dated January 15, 1993, you requested a tariff classification ruling.

You describe a transaction as follows:

The Mongol Messenger is a weekly, English language newspaper published by Montsame in Ulaanbaatar, Mongolia. Regular mail subscriptions to the United States takes about 21 days. This business venture would have The Mongol Messenger sent by computer, (electronically), as a computer (PageMaker) file, from Ulaanbaatar, Mongolia, to a computer in Sioux Falls, South Dakota. From the local computer, I will print the files thus reconstructing the newspaper. The paper will be printed at a local printer and mailed to subscribers in America at the United States Post Office.

The Customs Service has held (CLA 2:CO:R:CV:G, 066447 JCH, Feb. 10, 1981) that it does not have a legitimate interest or responsibility to tap as sources of revenue or statistics, electromagnetic transmission and reception of data across international borders.

This position has been codified in General Note 4, Harmonized Tariff Schedules of the United States, (1993), which reads in pertinent part, "...telecommunications transmissions...are not goods subject to the provisions of the tariff schedule."
 Accordingly, you may proceed with the described transaction without reference to any Customs regulation or requirement.

Sincerely,

Jean F. Maguire

Previous Ruling Next Ruling