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NY F80556




January 6, 2000

CLA-2-85:RR:NC:MM:109 F80556

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.6000

Ms. Courtney Seelinger
Trade Management Services
A Subsidiary of Fritz Companies, Inc.
706 Mission Street
San Francisco, CA 94609

RE: The tariff classification of the Internet Appliance from Taiwan

Dear Ms. Seelinger:

In your letter dated November 3, 1999, you requested a tariff classification ruling on behalf of Boundless Technologies, Inc. of Hauppauge, New York.

The merchandise is described in your letter and attached literature as the Internet Appliance. It is designed for individuals who want to access the Internet, but wish to avoid computers. It is essentially a web browser that has a standard 56K modem on-board for connection to the Public Switched Telephone Network (PSTN). It provides consumers with and inexpensive and easy way to access the Internet, email and on-line shopping. As per your letter, the Internet Appliance does not meet the definition of an ADP machine of heading 8471, as it is not freely programmable and does not perform arithmetic calculations. Its display is a 10” DSTN LCD supporting 800 x 600 resolution. The device uses a graphical user interface. It also has audio speakers located in each corner of the LCD bezel, and audio jacks for connecting a headphone and a microphone. In a telephone conversation with Mr. Tom Ivaronne of Boundless Technology the following points were clarified:

· The Internet Appliance is designed for use over a carrier-current line system (the PSTN). · Operational software will be loaded into the device after importation. · With the addition of a microphone and headset the device will be capable of handling voice communication, however, its principal function is data communication.

The applicable subheading for the Internet Appliance will be 8517.50.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[o]ther apparatus, for carrier-current line systems[o]ther: [t]elegraphic: [f]or carrier-current line systems. The rate of duty will be free.

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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