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NY I81355




May 7, 2002

CLA-2-85:RR:NC:1:108 I81355

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.9080

Mr. Peter Weinrauch
Import Commodity Group
131 East Merrick Road, 2nd Floor
Valley Stream, NY 11580

RE: The tariff classification of a handheld wireless device from Japan.

Dear Mr. Weinrauch:

In your letter dated April 26, 2002, on behalf of your client Audiovox Corporation, you requested a tariff classification ruling.

The item in question is denoted as the Audiovox Thera. This device is designed as a handheld pocket PC and wireless handset, housed in a single unit. The Thera combines all the features and applications of a handheld pocket PC and the abilities of a conventional wireless telephone. It enables the user to perform computer functions, access the Internet and conduct radiotelephonic activities.

It is the opinion of this office that based upon the multi-functional capacity of this device that it qualifies as a composite good.

Note 3 to section XVI of the Harmonized Tariff Schedule of the United States (HTS) provides, in pertinent part, that unless the context requires otherwise, machines adapted for the purpose of performing two or more complimentary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.

Based upon the attached marketing literature, it is the opinion of this office that the Audiovox Thera pocket PC/Hand-held wireless device does not have a single principal function. Therefore classification will be in accordance with GRI 3c.

The applicable subheading for the Audiovox Thera 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; digital cameras: 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 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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