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NY C83074




January 15, 1998

CLA-2-85:RR:NC:1:108 C83074

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.2800; 4202.92.9025

Ms. Lynda Ertzinger
James J. Boyle & Co.
7505 NE Ambassador Plaza, Suite B
Portland, Oregon 97220

RE: The tariff classification of a low range transceiver set from China.

Dear Ms. Ertzinger:

In your letter dated January 5, 1998, you requested a tariff classification ruling on behalf of Cyber Acoustics. A sample was submitted, which we are returning as requested.

The sample, an X-Link, Model CS-549, is a transceiver with a headphone/microphone harness which is packaged with a neoprene pouch and nylon strap. It operates on frequencies between 49.830Mhz and 49.890Mhz. The set is designed to be used as an attachment to a bicycle helmet to provide hands free voice activated two-way communication.

The applicable subheading for this set will be 8525.20.2800, Harmonized Tariff Schedule of the United States (HTS), which provides for "[t]ransmission apparatus for radiotelephony, radiotelegraphy, radio broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus...: [t]ransmission apparatus incorporating reception apparatus: [t]ransceivers: [l]ow-power radiotelephonic transceivers operating on frequencies from 49.82 to 49.90 Mhz: [o]ther." The rate of duty will be 0.6 percent ad valorem.

If the neoprene case is imported separately, the applicable subheading will be 4202.92.9025, HTS, which provides for other containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate is 19 percent ad valorem.

Tariff number 4202.92.9025 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 transceiver set, contact National Import Specialist Harvey Kuperstein at 212-466-5672. If you have any questions regarding the neoprene case, contact National Import Specialist Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director

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