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NY C86499




April 22, 1998

CLA-2-85:RR:NC:MM:109 C86499

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.1000

Mr. Robert Glover
Vice President - Import
L.E. Coppersmith Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of the NewCom 56K ifxv Internal Data/Fax Voice Modem, the NewCom 56K efxsp External Data/Fax Speakerphone Modem, the NewCom 33.6K ifxv Internal Data/Fax Voice Modem, and the NewCom 33.6 efxv External Data/Fax Voice Modem from Singapore and Hong Kong

Dear Mr. Glover:

In your letter dated April 3, 1998, you requested a tariff classification ruling on behalf of NewCom, Incorporated, Westlake Village, California.

The merchandise is described in your letter and accompanying literature as the NewCom 56K ifxv Internal Data/Fax Voice Modem, the NewCom 56K efxsp External Data/Fax Speakerphone Modem, the NewCom 33.6K ifxv Internal Data/Fax Voice Modem, and the NewCom 33.6 efxv External Data/Fax Voice Modem. The NewCom 56K ifxv Internal Data/Fax Voice Modem is a printed circuit assembly, designed to be installed in a personal computer. It provides 56K download and 33.6K upload data speed, and 14.4K fax. Voice capabilities allow for the placing and answering of telephone calls through a personal computer, and includes professional call management (voice mail boxes). It comes with a modular phone cable, user manual, and communications software.

The NewCom 56K efxsp External Data/Fax Speakerphone Modem is a fully housed stand alone unit designed for use with a personal computer. It provides full-duplex speakerphone, voicemail, 14.4K fax, and 56K data communications. It comes with microphone, headset, 3" desktop multimedia speakers, software, installation guide, modular phone cable, and DB2S computer cable.

The NewCom 33.6K ifxv Internal Data/Fax Voice Modem is a printed circuit assembly, designed to be installed in a personal computer. It provides 33.6K data, and 14.4K fax. Voice capabilities allow for the placing and answering of telephone calls through a personal computer, and includes professional call management (voice mail boxes). It comes with a modular phone cable, user manual, and communications software.

The NewCom 33.6 efxv External Data/Fax Voice Modem is a fully housed stand alone unit designed for use with a personal computer. It allows for the placing and answering of telephone calls through a personal computer, and provides voicemail, 14.4K fax, and 33.6K data communications. It comes with software, installation guide, modular phone cable, and DB25 computer cable.

It is noted that chapter 85, note 6 requires software to be classified in heading 8523 or 8524 "...whether or not they are entered with the apparatus for which they are intended." However, additional information is required, for the classification of the software, as indicated below:

Identify the software for each modem.

What type of media is the software on?

What is the application of the software?

Does the software contain images and is it interactive?

Concerning the software, when this information is available, you may wish to consider resubmission of your request.

The applicable subheading for the NewCom 56K ifxv Internal Data/Fax Voice Modem, the NewCom 56K efxsp External Data/Fax Speakerphone Modem, the NewCom 33.6K ifxv Internal Data/Fax Voice Modem, and the NewCom 33.6 efxv External Data/Fax Voice Modem (excluding software) will be 8517.50.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[m]odems, of a kind used with data processing machines of heading 8471." The rate of duty will be 1.7% 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 S. Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski
Director,

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