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NY B85274




May 27, 1997

CLA-2-85:RR:NC:MM:109 B85274

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.19.8070

Mr. Eng Teoh
JMR Cargo Express
10053 International Road #22
Los Angeles, CA 90045

RE: The tariff classification of Caller ID with Speakerphone from China

Dear Mr. Teoh:

In your letter dated April 30, 1997, you requested a tariff classification ruling on behalf of Unical Enterprises, Inc. of City of Industry, California.

The merchandise is described in your letter as a Caller ID with a Speakerphone and One-Touch Callback, Model 77230. It is a device that identifies the calling party before a telephone call is answered and can be used to screen unwanted calls and eliminate harassment from annoying telephone calls. It operates when used with Caller ID service provided by the local telephone company by displaying the name and the telephone number, if available, of the person calling before the telephone is picked up. The unit incorporates a two-way speakerphone for returning calls. It also has 95 call memory, one touch call back, an LCD display, etc. A sample was submitted.

This appears to be a "composite machine" in the context of the definition of a composite machine as set forth in Section XVI Note 3. The Speakerphone meets the criteria for a "telephone set" as set forth in the Explanatory Notes (EN 85.17 (I). It has a transmitter, a receiver, a bell, a switching device and a dialing selector. The dialing selector works off the memory and does not have a keypad.

It is a common practice in today's communications market, that telephones incorporate a caller ID function as a special feature. Although stand alone caller ID units have been found to be visual signaling apparatus under heading 8531, Harmonized Tariff Schedule of the United States, we find that the principal function of this device to be telephonic. It connects to the telephone system, contains a telephone receiver, transmitter, bell, switch, dialing selector, speed dial feature and complies with Part 68 FCC Rules regarding telephonic apparatus. The memory function and LCD display are shared by both the caller ID and the telephone. The actual visual signaling function is subsidiary in nature in this device.

The applicable subheading for the Caller ID with Speakerphone will be 8517.19.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for "Telephone sets... single line: Other (such as memory, redial...) Other". The rate of duty will be 8.5 percent ad valorem.

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 Eileen Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski
Chief, Metals and Machinery Branch

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