HQ 0954657 - Telephone Switching and Line Simulator; Jumper Location System; Cable Tracing System; High Frequency Signal Detectors; Modular Adapters; 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 954657

October 20, 1993

CLA-2 CO:R:C:M 954657 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.00; 8536.90.00

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

RE: Telephone Switching and Line Simulator; Jumper Location System; Cable Tracing System; High Frequency Signal Detectors; Modular Adapters; 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 May 28, 1993, requesting classification of the Telephone Switching and Line Simulator (TSLS2), the Jumper Location System (JLS 200), the Cable Tracing System (CTS), High Frequency Signal Detectors (T1554 and T2048), and Modular Adapters, under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter was forwarded to this office for reply.

FACTS:

The TSLS2 is a Telephone Switching and Line Simulator which simulates two telephone or PBX lines. It is used for testing and development. It has fixed parameters and will conduct go/no go tests on external products.

The JLS 200 Jumper Location System uses ultrasonic frequency to trace live telephone or data circuits without causing interference. It consists of an oscillator and a receiver.

The CTS Cable Tracing System is used for locating, identifying and depthing communication cables. This system operates by applying a signal to the cable, and is designed for low voltage communication cables.

The T1544 and T2048 Carrier Detectors are high frequency signal detectors designed to receive signals radiated by telecommunications systems. They are tuned to pick up the required frequency.

The Modular Adapters models MA1 and MA2 have alligator clips, and the model MA3 has a banana plug terminal.

ISSUE:

Are the instant telephonic testing devices 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 "Telephone Switching and Line Simulator" and the ultrasonic "Jumper Location System" under consideration are not designed to perform any form of measuring of electrical quantities. Although telephonic operation itself may be electrical, the ultrasonic tracing of the line and the line simulation does not involve "measuring or checking electrical quantities."

However, the TSLS2 is a checking instrument used for checking the telephonic operation of various devices. The JLS 200 is also a measuring/checking instrument used for checking a telephone line without generating interference. Therefore, the TSLS2 and JLS 200 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."

Similarly, both the Cable Tracing System and the Carrier Detectors are goods which have the principal function of "instruments and apparatus for measuring or checking electrical quantities." Therefore, they are 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)."

The Modular Adapters are designed for making connections to or in electrical circuits. Therefore, they are classifiable in subheading 8536.90.00, HTSUS, which provides for: "[e]lectrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp- holders, junction boxes), for a voltage not exceeding 1,000 V: [o]ther apparatus."

HOLDING:

The TSLS2 "Telephone Switching and Line Simulator" and the JLS 200 "Jumper Location System" 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."

The Cable Tracing System and the Carrier Detectors 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)."

The Modular Adapters (MA1, MA2 and MA3) are classifiable in subheading 8536.90.00, HTSUS, which provides for: "[e]lectrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-
holders, junction boxes), for a voltage not exceeding 1,000 V: [o]ther apparatus."

Sincerely,

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