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NY 818897




March 1, 1996

CLA-2-85:RR:NC:MA: 112 818897

CATEGORY: CLASSIFICATION

TARIFF NO.: 8548.90.0000

Ms. Kristine L. Sharratt
Ka-Sha Customhouse Brokers
7550 23 Avenue South
Suite 192
Minneapolis, MN 55450

RE: The tariff classification of a transducer/audio buzzer from China

Dear Ms. Sharratt:

In your letter dated January 30, 1996, on behalf of Oakshots, Ltd., you requested a tariff classification ruling.

As indicated by the submitted sample and accompanying literature, the transducer/audio buzzer is approximately one-half inch in diameter x one-half inch in height, and consists of a plastic housing with two (2) connecting prongs protruding from the base. A transducer is a device by means of which energy can flow from one or more transmission systems of media to one or more other transmission systems of media. In this particular case, the transducer/audio buzzer is used in a modem to provide an audio signal. In your request, you expressed the opinion that these items should be classified as signaling apparatus. Based upon previous rulings on this issue, we cannot agree with your contention.

The applicable subheading for the transducer/audio buzzer will be 8548.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical parts of machinery or apparatus, not specified or included elsewhere in Chapter 85. The rate of duty will be 2.3 percent ad valorem.

With respect to the applicable marking requirements, you have stated that the ultimate purchaser in the United States is the manufacturer who will incorporate these transducers/audio buzzers into a finished product. Under these circumstances, a marking waiver may be granted in accordance with Section 134.32 (h), provided substantiation of knowledge of the country of origin is provided by the ultimate purchaser.

This ruling is being issued under the provisions of Part 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 David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri

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