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February 8, 1999

CLA-2-85:RR:NC:MM:109 D86610

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.6000

Mr. Jim Wickstead
PBB USA Inc.
434 Delaware Ave.
Buffalo, NY 14202

RE: The tariff classification of the SpaceFAX from Canada

Dear Mr. Wickstead:

In your letter dated January 6, 1999, you requested a tariff classification ruling on behalf of your client Cygnus Satellite Manufacturing Corporation, Stittsville, Ontario.

The merchandise is described in your letter and the attached descriptive literature as the SpaceFAX. This is a central store-and-forward switch which connects to the ground segment of the MSAT satellite network and mobile units for use with standard G3 fax machines. With this unit mobile users can exchange facsimile messages, with recipients/senders worldwide through the Public Switched Telephone Network (PSTN). It allows for the query of a mailbox from any line-bases PSTN and the down-loading of fax messages to a local fax machine. It also allows the sending of fax messages from the PSTN to mobile subscribers. The unit contains a RJ11 jack for connecting to a fax machine, a RS 232 (DB9) port for connecting to the Mobile Earth Terminal (MET) and a RS 232 (DB25) port for data connection and future enhancements. The SpaceFAX compresses data to minimize transmission time. It provides virtual and secure user access and broadcast capabilities. It contains a MONOFAX MODEM, a DTMF receiver, and an input MUX. It does not contain any satellite transmission or reception apparatus.

The applicable tariff provision for the SpaceFAX will be 8517.50.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “[o]ther apparatus, for carrier-current line systems . . . [o]ther: [t]elegraphic: [f]or carrier-current line systems.” The general rate of duty will be 0.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 212-637-7048.

Sincerely,

Robert B. Swierupski
Director,

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