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March 25, 1999

CLA-2-84:RR:NC:1:110 D89431

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.1000; 8524.39.4000

Mr. Raymond Tsui
Great World Customs Service, Inc.
218 Littlefield
South San Francisco, CA 94080

RE: The tariff classification of HomeFree home networking products from Taiwan

Dear Mr. Tsui:

In your letter dated March 15, 1999, on behalf of Diamond Multimedia Systems, Inc., you requested a tariff classification ruling.

The four samples submitted indicates that this merchandise consists essentially of two models of HomeFree Phoneline Network devices and two models of HomeFree Wireless Network devices.

The two models of HomeFree Phoneline Network units consist essentially of a box that contains the following: 2 phone-line network cards; phone wires, installation software CD, and gaming software CD. The principal function of this kit is to enable a household to network two personal computers in the house through the in-home telephone wiring. After installation, the PCs can share files, printers, scanners, play games between two or more computers and even enable simultaneous internet access. The HomeFree signal travels over your in-home phone wiring and uses a unique frequency range, so it doesn’t interfere with the telephone calls or services. The signal is limited to about 150 feet, at speeds up to 1 Mbps, and the signal travels over in-home wiring so the network will remain safe and secure. It is thus an in-house local area network device whose principal purpose is for the interconnection of two or more computers.

The two models of HomeFree Wireless Network units consist of a box that contains the following: 2 network cards with integrated antennas; installation CD software; and user manuals. This kit enables the home user to network two personal computers without any wiring or sophisticated LAN installation. After installation, the PCs, whether laptops or desktops, can share files, printers, and even enable simultaneous internet access. The HomeFree Wireless devices run at a transmission speed of 1 Mbps and span distances up to 150 feet. Besides the Desktop Pac which networks 2 desktop PCs, the Combo Pac model can network a desktop PC and a notebook computer by means of a PCMCIA type II card. As with the Phoneline Network units, these LAN units require no servers or hubs, and no need for a system administrator.

All four of these models are designed to perform interconnection functions by linking together one computer to another within a household. Noting Legal Note 5 (B) to Chapter 84 of the HTS, these kits would meet the definition of a “unit” of an ADP system. The “essential character” of these sets would be exemplified by the network cards. The Software CD discs would be separately classifiable noting Legal Note 6 to Chapter 85 of the HTS.

The applicable subheading for the four models of HomeFree network products will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for control or adaptor units. The rate of duty will be free.

The applicable subheading for the CD disks will be 8524.39.4000, HTS, which provides for other recorded media for reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an ADP machine. The rate of duty will be 0.9 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 Art Brodbeck at 212-637-7019

Sincerely,

Robert B. Swierupski
Director,

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