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NY C81087




November 3, 1997

CLA-2-85:RR:NC:1:108 C81087

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.10.3040

Mr. Frank Sacca
Elcon Telecommunications
1211 West Imperial Hwy, Suite 230
Brea, California 92821

RE: The tariff classification of a TVFAX system from Malaysia.

Dear Mr. Sacca:

In your letter dated October 19, 1997, you requested a tariff classification ruling.

The subject item, the TVFAX system, is a low-cost electronic device that allows the transmission of still video images over standard telephone lines. Transmission is accomplished by means of a built-in standard 14.4-kbs telephone modem. One TVFAX unit is required for each end user to communicate video images over the telephone. Video images can be captured from any standard video camera, camcorder, VCR, or digital camera and displayed on a standard TV set. Images are transmitted by pressing a SEND button. Users can talk on the telephone before and after an image transmission.

The TVFAX system can be used to transmit and receive high-quality color video images to people over the telephone in about 30 seconds, without using a personal computer or the internet. It is intended for use by the general public to exchange visual information over standard telephone lines with ease of operation.

The applicable subheading for the TVFAX system will be 8525.10.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for [t]ransmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting, or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders: [t]elevision: [o]ther: [o]ther. The duty rate will be 2.6% ad valorem.

Consideration was given to classifying this product under subheading 8525.10.1000, HTS, as you have suggested. However, that classification has been deemed inappropriate as that provision is for set top boxes which have a communication function.

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

A copy of this 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 Harvey Kuperstein at 212-466-5672.

Sincerely,

Robert B. Swierupski
Director

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