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NY C82808





January 6, 1998

CLA-2-85:RR:NC:1:108 C82808

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.9080

Mr. Nigel Roberts
Sovran Energy Inc.
13187 Trewhitt Road
Oyama, British Columbia
CANADA V4V 2B1

RE: The tariff classification of the Sovran Solar Powered Distress Phone from Canada.

Dear Mr. Roberts:

In your letter dated December 9, 1997, you requested a tariff classification ruling on the Sovran Solar Powered Distress Phone for both the complete unit and the replacement parts. You also requested a ruling on the status of these products under the North American Free Trade Agreement (NAFTA).

With regard to your inquiry for a ruling on the replacement parts, we must deny your request because of non-conformity with the provisions of Part 177 of the Customs Regulations (19 CFR 177). Your inquiry should include samples, drawings, specifications and other detailed information regarding such items as mounting boards, electronic printed circuit boards, miscellaneous electronic parts, etc. When this information is available, you may wish to resubmit your request. The inquiry should also be limited to five (5) merchandise items [Customs Regulations 177.2 (b)(2)(ii)].

The complete unit Solar Powered Distress Phone is a single line unit that uses cellular technology for communication. The cellular phone is powered with a 90 Ahr battery that is charged either from a solar photovoltaic module or from a nearby electricity source. It is a stand-alone wireless emergency communication device that can be installed in any sunny location that has access to a cellular telephone network. A strobe light and reflective lettering on the unit make the Distress Phone easily visble at night. The unit is sold with mounting hardware and usually with an (optional) mounting pole.

The Distress Phone is activated by pushing a large red initiate button or by jarring the unit. Upon activation, it calls a pre-designated telephone number. The unit automatically identifies itself to the answering location and provides two-way voice communication between the user and an emergency or security department. In addition, highly audible audio and visual alarms are triggered at the Distress Phone to alert people in the area who could provide more immediate assistance.

The applicable subheading for the Sovran Solar Powered Distress Phone will be 8525.20.9080, 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...[t]ransmission apparatus incorporating reception apparatus: [o]ther: [o]ther." The rate of duty will be free.

Since the general rate of duty for this product is "free," the question of NAFTA eligibilty is moot.

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 Harvey Kuperstein at 212-466-5672.

Sincerely,

Robert B. Swierupski
Director

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