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NY F82321




February 8, 2000

CLA-2-85:RR:NC:1:108 F82321

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.9080

Ms. Kimberly M. Novak
Emery Worldwide
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of mobile wireless data messaging apparatus from Canada.

Dear Ms. Novak:

In your letter dated January 5, 2000 you requested a tariff classification ruling.

The items in question are individual apparatus of a mobile/wireless data messaging system. It is indicated that the items will be imported individually into the United States therefore each item will be classified individually.

The first item is denoted as the NKDU (Nexgen Keyboard Display Unit). It is designed for wireless two way communication, data processing, messaging and a location finding link between the truck and its base dispatcher. The unit is capable of storing programs and is also capable of being programmed, by the user, to process data and messages.

The second apparatus is denoted as a MDT (Mobile Data Terminal). It is designed for use with the NKDU and serves to make the wireless application possible. The MDT has the following features; L-Band Satellite transceiver, Global Positioning Satellite (GPS) Receiver, Ardis terrestrial transceiver and an antenna. The MDT is designed for external mounting on the upper surface of a tractor-trailer.

Very similar items were the subject of HQ Rulings 085404 and 087984. Both rulings held that mobile radio data terminals were composite machines whose principal function was that of radiotelegraphy. The items enabled field personnel to transmit and receive information from the remote position to a base office via a radio link. It was concluded that the principal function of the items was that of data transmission rather than data processing. Therefore the classification of these wireless data terminals should be under heading 8525.

It is the opinion of this office that the immediate items, the NKDU (Nexgen Keyboard Display Unit) and the MDT (Mobile Data Terminal) are also primarily designed for the transmission of data and not that of data processing. This office also concludes that heading 8525 is the appropriate heading for the classification of each item

The applicable subheading for the NKDU and MDT will be 8525.20.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders: Transmission apparatus incorporating reception apparatus: Other Other. 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 Michael Contino at 212-637-7039.

Sincerely,

Robert B. Swierupski
Director,

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