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NY H83526




August 3, 2001

CLA-2-85:RR:NC:MM:109 H83526

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.19.8070

Mr. Frank Gomez
World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045

RE: The tariff classification of three VoIP Station Gateways (D-Link DG-102SH, D-Link DG-102S, and D-Link DG-104S) from Taiwan

Dear Mr. Gomez:

In your letter dated July 12, 2001, you requested a tariff classification ruling on behalf of D-Link System.

The D-Link DG-102SH, D-Link DG-102S, and D-Link DG-104S are VoIP network devices that incorporate standard telephone jacks for using Internet telephones. Internet telephones look and function like standard telephones, the only difference is that they can work only through the Internet.

The D-Link DG-102SH is described in your Product Specification as a 2-Port VoIP Station Gateway with H.323. The DG-102SH is a VoIP Station Gateway with two RJ-11 analog ports, one RJ-45 10/100Mbps WAN port, and one RJ-45 10/100Mbps LAN port. The DG-102SH VoIP Station Gateway links traditional telephony networks to IP networks, allowing reductions in toll charges and network consolidation. It offers a cost-effective way to leverage existing IP network and provide alternative long-distance voice/fax services domestically, regionally and internationally. The DG-102SH is a complete solution for connecting existing telephony equipment in small offices to private networks or the Internet.

The D-Link DG-102S is described in your Product Specification as a 2-Port VoIP Station Gateway with MGCP. The DG-102S is a VoIP Station Gateway with two RJ-11 analog ports, one RJ-45 10/100Mbps WAN port, and one RJ-45 10/100Mbps LAN port. It links traditional telephony networks to IP networks, allowing reductions in toll charges and network consolidation. It offers a cost-effective way to leverage existing IP network and provide alternative long-distance voice/fax services domestically, regionally and internationally. The DG-102S is a complete solution for connecting existing telephony equipment in small offices to private networks or the Internet.

The D-Link DG-104S is described in your Product Specification as a 4-Port VoIP Station Gateway with MGCP. The DG-104S is a VoIP Station Gateway with four RJ-11 analog ports, one RJ-45 WAN port, and one RJ-45 10/100Mbps LAN port. It links traditional telephony networks to an IP network for network consolidation with the benefit of cost reduction in toll charges. It offers a cost-effective way to leverage existing IP networks and provide alternative long-distance voice, data, and fax services. The DG-104S is a complete solution for connecting existing telephony equipment in small offices to private networks or the Internet.

In your letter, you suggested that these VoIP Gateways should be classified under 8471.80.1000, as “Other units of automatic data processing machines: Control or adapter units.” However, these VoIP Gateway’s are only designed for voice communications. They are not designed as part of a data processing system and, as a result, are excluded from Heading 8471 by Notes 5 (B) and 5(E), i.e. these devices perform the specific function of voice communication and not a data processing function. Therefore, classification under Heading 8517 applies.

The applicable subheading for the D-Link DG-102SH, D-Link DG-102S, and D-Link DG-104S will be 8517.19.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsetsTelephone sets: Other: Other Single line: 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 Linda M. Hackett at 212-637-7048.

Sincerely,

Robert B. Swierupski
Director,

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