HQ 0954057 - Telephone Hand Test Set; Pair Tracking System; Electrical Apparatus For Line Telephony; Instruments and Apparatus for Measuring or Checking Electrical Quantities; Instruments and Apparatus, Specially Designed for Telecommunications; Measuring; Checking; Instrument; Machine; Apparatus - United States International Trade Commision Rulings

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HQ 954057

July 26, 1993

CLA-2 CO:R:C:M 954057 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.00; 9030.40.00

Mr. Arne Midtskog
Midtskog & Associates
17221 N.E. 152nd Street
Woodinville, WA 98072

RE: Telephone Hand Test Set; Pair Tracking System; Electrical Apparatus For Line Telephony; Instruments and Apparatus for Measuring or Checking Electrical Quantities; Instruments and Apparatus, Specially Designed for Telecommunications; Measuring; Checking; Instrument; Machine; Apparatus

Dear Mr. Midtskog:

This is in reply to your letter of March 30, 1993, requesting classification of the "Dual Standard Test Set" ("DSTS"), and the "Pair Tracing System" ("PTS"), under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter was forwarded to this office for reply.

FACTS:

The Chesilvale Electronics models DSTS 2, DSTS 5, and UTS, are all telephone hand test sets similar to the "Telephone Lineman's Test Sets" ruled upon in HQ 089594, dated September 26, 1991, and HQ 089928, dated November 6, 1991. They resemble large telephone receivers with a mouthpiece on one end and earpiece on the other end (except the DSTS 5 which consists of a hand set and a portable base unit). These models have both rotary and tone dialing capabilities. Other features include: high impedance monitor, polarity testing, and last number redial.

These "test sets" are designed for use in telephonic installation and repair, central office frame and switch train analysis, PABX and station equipment installation, and trouble isolation. These devices can also be used to "butt in" to an ongoing call to listen for static or other irregularities.

The Pair Tracing System ("PTS") consists of the PTS 100 Tone Tracker Probe, the PTS 200 Mini Oscillator, and the PTS 201 Long Battery Life Oscillator. The oscillators are connected to twisted pair telephone lines, at which point the tone tracker probe can be used to trace the line.

ISSUE:

Are the telephone hand test sets and the various pair tracking system units classifiable in heading 8517, HTSUS, as electrical apparatus for line telephony, in heading 9030, HTSUS, which provides for oscilloscopes and other instruments for checking electrical quantities, or in heading 9031, HTSUS, as checking instruments, appliances and machines, not specified or included elsewhere in Chapter 90?

LAW AND ANALYSIS:

The Harmonized Tariff Schedule of the United States (HTSUS) provides that the classification of articles is governed by the General Rules of Interpretation (GRI's). GRI 1 states in pertinent part:

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

The Chesilvale Electronics models DSTS 2, DSTS 5, and UTS, are telephone hand test sets similar to the "Telephone Lineman's Test Sets" ruled upon in HQ 089594, dated September 26, 1991, and HQ 089928, dated November 6, 1991. These rulings held that, pursuant to Section XVI, Legal Note 1(m) [which provides that Section XVI does not cover articles of chapter 90], the telephone test sets were classifiable in subheading 9031.80.00, HTSUS.

However, you argue that the instant merchandise is all classifiable in subheading 9030.40.00, HTSUS, which provides for oscilloscopes and other instruments for checking electrical quantities.

The various DSTS and UTS models under consideration are not designed to perform any form of measuring of electrical quantities. Furthermore, none of the models under consideration are designed for the checking of electrical quantities. The principal function of the various DSTS and UTS models is to check the telephonic operation. Although the telephonic operation is electrical, the checking of telephonic voice transmission and reception is not "measuring or checking electrical quantities."

Therefore, the DSTS and UTS models are classifiable in subheading 9031.80.00, HTSUS, which provides for: "[m]easuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter: [o]ther instruments, appliances and machines."

However, it is important to note that other types of telephone line test equipment have been properly classified in subheading 9030.40.00, HTSUS, which provides for: "[o]scilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities...: [o]ther instruments and apparatus, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers)." See NY 864957, dated July 29, 1991, NY 864960, dated July 29, 1991, NY 864992, dated July 29, 1991. These goods where found to have the principal function of "instruments and apparatus for measuring or checking electrical quantities." Whereas, this is not the principal function of the DSTS and UTS telephone test equipment.

The PTS system consists of the PTS 100 Tone Tracker Probe, the PTS 200 Mini Oscillator, and the PTS 201 Long Battery Life Oscillator. The oscillators are connected to a twisted pair telephone line and the tone tracker probe can then be used to trace the line. These devices are designed to perform the function of measuring or checking electrical quantities. Therefore, since they are "specially designed for telecommunications," they are classifiable in subheading 9030.40.00, HTSUS, which provides for: "[o]scilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities...: [o]ther instruments and apparatus, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers)."

HOLDING:

The Chesilvale Electronics various DSTS and UTS models are all telephone hand test sets similar to the "Telephone Lineman's Test Set" ruled upon in HQ 089928, dated November 6, 1991, and HQ 089594, dated September 26, 1991, and are therefore classifiable in subheading 9031.80.00, HTSUS, which provides for: "[m]easuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter: [o]ther instruments, appliances and machines."

The pair tracing system ("PTS") units, (the PTS 100 Tone Tracker Probe, the PTS 200 Mini Oscillator, and the PTS 201 Long Battery Life Oscillator) are all classifiable in subheading 9030.40.00, HTSUS, which provides for: "[o]scilloscopes, spectrum analyzers and other instruments and apparatus for measuring or
checking electrical quantities...: [o]ther instruments and apparatus, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers)."

Sincerely,

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