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NY B88073

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August 19, 1997

CLA-2-85:RR:NC:1: 112 B88073

CATEGORY: CLASSIFICATION

TARIFF NO.: 8548.90.0000

Mr. David F. Ferrarini
Sawtek Incorporated
Post Office Box 609501
Orlando, FL 32860

RE: The tariff classification of a surface wave filter from Costa Rica

Dear Mr. Ferrarini:

In your letter dated July 28, 1997 you requested a tariff classification ruling.

As indicated by the submitted samples and technical information, these surface wave filters, designated as part number 854555 and 854556, are used in the base station of a cellular telephone tower. Their function is to electronically screen or filter specific radio frequency signals to and from the consumer cell phone user.

The applicable subheading for the surface wave filter, part number 854555 and 854556, will be 8548.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical parts of machinery or apparatus, not specified or included elsewhere in Chapter 85, HTS. The duty rate will be 1.6 percent ad valorem.

Articles which are classifiable under subheading 8548.90.0000, HTS, which are products of Costa Rica are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

You also indicate that the surface wave filter is assembled in Costa Rica from components of United States origin. Based on the information provided, allowance for the value of the United States components under subheading 9802.00.80, HTS, is warranted provided the documentary requirements of 19 CFR 10.24 are satisfied.

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,

Robert Swierupski
Chief, Metals and Machinery Branch

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See also:

• Tariff No.: 8548.90.00 - Electrical parts of machinery or apparatus not specified or included elsewhere in chapter 85
• Tariff No.: 9802.00.80 - U.S. articles assembled abroad, which have not lost their physical identity or have not advanced in value or improved in condition abroad