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NY H88550




March 6, 2002

CLA-2-85:RR:NC:MM:109 H88550

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.80.1020

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

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of M12 Telephone Apparatus from Mexico

Dear Mr. Phalen:

In your letter dated February 5, 2002 you requested a ruling on the status of M12 Telephone Apparatus from Mexico under the NAFTA.

The merchandise is the Plantronics Vista Universal Amplifier, Model M12. The Model M12 Telephone Apparatus connects to a telephone and allows a headset to be used instead of a handset for hands-free communication. It plugs into either a single line or multi-line telephone. It has three dials for switching from the handset to the headset, for volume control and for mute control. This device, M12, enables a line telephone signal to be transmitted to the telephone headset and from the headset back to the telephone. Company literature describes the M12 as a professional quality headset amplifier intended for all telephones with modular handset ports. The literature states that it is based on the Ultra IC and serves as an interface between a 4-wire telephone handset port and a headset capsule. It has transmit and receive channels which provide important features, such as transmit voice expansion and automatic gain control.

Among other components, the M12 Telephone Apparatus contains only one printed circuit assembly which is manufactured in Mexico by a company called SCI.

The applicable tariff provision for the M12 Telephone Apparatus will be 8517.80.1020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line systems; videophones; parts thereof: Other apparatus: Telephonic: Other.” The general rate of duty will be free.

Your ruling request specifically addresses NAFTA eligibility of the M12 Telephone Apparatus in accordance with the NAFTA Rule of Origin under GN 12(t)/56(B). In accordance with GN 12(t)/56(B), in order for this product to qualify for NAFTA treatment there must be:

A change to tariff item 8517.80.10 from any other subheading, provided that, with respect to printed circuit assemblies (PCAs) of tariff item 8473.30.10, 8517.90.16, 8517.90.24, 8517.90.26, 8517.90.32, 8517.90.36, 8517.90.38 or 8517.90.44 if the good contains less than three PCAs, all of the PCAs must be originating PCAs.

Each of the non-originating materials used to make the M12 Telephone Apparatus has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.56(B). And, as stated previously, the M12 Telephone Apparatus contains only one PCA, which was manufactured in Mexico rendering it as originating in a NAFTA country. Therefore, the M12 Telephone Apparatus will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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