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March 29, 1999

CLA-2-85:RR:NC:MM:109 D88396

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.80.2000

Mr. Charles L. Brown
Laing International
P.O. Box #16144
Dulles International Airport
Washington, DC 20041

RE: The tariff classification of an Alcatel Internet Screenphone from France

Dear Mr. Brown:

In your letter dated March 2, 1999, you requested a tariff classification ruling on behalf of Alcatel of Ashburn, Virginia.

The merchandise is described in your letter as the Alcatel Internet Screenphone. The Screenphone is an all purpose telephone with a touch screen for access to the Internet. The Screenphone makes Internet access easier, quicker and more practical than ever. It allows the sending and receiving of E-mail or finding practical information, allows connections to preferred web sites, features an advanced JAVA Internet browser, etc. It also has hands-free dialing, speed dialing by name, calling line identification, call waiting and call hold according to network availability. It allows immediate easy access to all Internet services such as banking, shopping, news, a personalized home page for direct access to selected Internet services and a smart card reader for secure E-commerce transactions. It allows names and numbers to be entered in the multimedia directory with up to 1000 entries, one touch calling by name, URL, E-mail address, cell phone number, etc. and a powerful easy to use search feature. Users can receive all their E-mail and voice messages in a single device. It allows notification by means of a flashing light for new incoming messages (E-mail and voice mail, according to network availability). E-mail sending and receiving is simplified.

This device is a composite machine pursuant to Note 3, Section XVI, Harmonized Tariff Schedule of the United States (HTS). It performs two complementary or alternative functions: data and voice communications. Because of the design of this device, neither function can be determined to be the principal function. Therefore, pursuant to GRI 6 and GRI 3(c), the Alcatel Internet Screenphone is classified as telegraph apparatus, the subheading which occurs last in numerical order. The applicable subheading for the Alcatel Internet Screenphone will be 8517.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other apparatus: Telegraphic.” The rate of duty will be 1.2 percent 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 212-637-7048.

Sincerely,

Robert B. Swierupski
Director,

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