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NY G86645




February 14, 2001

CLA-2-85:RR:NC:1:108 G86645

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.9080

Mr. Thomas W. Phalen
Plantronics
345 Encinal Street
P.O. Box 635
Santa Cruz, CA 95060

RE: The tariff classification of a wireless headset from Mexico.

Dear Mr. Phalen:

In your letter dated January 19, 2001 you requested a classification ruling.

The item in question is a wireless headset marketed under the brand name of Thor 1. This particular device is designed to interact with a cellular telephone in a completely wireless mode. This device is configured with “Bluetooth” technology and its complete wireless capability is provided through the “Bluetooth” element that is also configured in the particular cellular telephone. The headset will be sold as an individual item.

The headset is designed for the transmission/reception of RF signals through the ether without any line connection. It is stated “that the RF signal transmission does not pass through a wired base station but rather directly from the cellular telephone to the headset”. Under the present engineered format the cellular telephone will send the RF signals directly to the headset. Upon reception the user of the headset presses an access button on the telephone in order to activate the cell phone and place a call. It is also possible for the headset to transmit an RF signal to the phone to call a particular number provided they are in close proximity to each other, most likely when used in an automobile.

It should be noted that this ruling covers this particular wireless headset which is configured with “Bluetooth” technology and not a ruling encompassing the particular “Bluetooth” element contained therein or that of “Bluetooth” technology in total.

The applicable subheading for the Thor 1 wireless headset 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 duty rate 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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