NY 816832 - The tariff classification of databank/ organizer and telephone from China. - United States International Trade Commision Rulings

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NY 816832

CLA-2-85:RR:NC:MA:109 816832

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.10.0070

Mr. Peter Jay Baskin
Sharretts, Paley, Carter & Blauvelt, P.C. 47 Broad Street
New York City, New York 10004

RE: The tariff classification of databank/ organizer and telephone from China.

Dear Mr. Baskin:

In your letter dated November 20, 1995 you requested a tariff classification ruling on behalf of SDI Technologies Inc.

The item described in your request is a combination databank/ organizer and telephone designated as Zenith Model No. Z801B. The telephone portion of the Z801B features a handset, a lighted keypad with last number redial key, memory functions, a tone/pulse selector, and a ringer switch. Incorporated into the base unit of the telephone is a databank/ organizer. The databank/ organizer has memory capacity, display, and a keyboard. The databank includes directory and information storing functions secured with password authorization protection, a calendar, clock, and calculator features. In addition to the above-mentioned features, the databank/ organizer can be used to automatically dial any of the telephone numbers stored in its directory through the Z801B's telephone. This is accomplished with a speaker system built into the databank/ organizer and a microphone on the telephone base unit built into the databank/ organizer which emits and picks up touch tones respectively. The Z801B is designed so that the databank/ organizer may be separated and used independently from the telephone portion of the article.

It is our opinion that the Zenith Model Z801B databank/ organizer and telephone is classified in subheading 8517.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for "Electrical apparatus for line telephony or telegraphy, including such apparatus for carrier-current line systems; parts thereof: Telephone sets, Single Line: Other, Other" at 8.5 percent ad valorem. In making this determination we considered that neither the databank/ organizer nor telephone feature of this article lends to the essential character of the article as cited in your example within the meaning of GRI 3(b), therefore GRI 3(c) applies.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Phil Carabetta at 212-466-5673.

Sincerely,

Roger J. Silvestri
Director

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