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NY I85164




September 4, 2002

CLA-2-90:RR:NC:N1:105 I85164

CATEGORY: CLASSIFICATION

TARIFF NO.: 9817.00.96

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

RE: The tariff classification of super phone ringers from China

Dear Mr. Phalen:

In your letter dated August 1, 2002, you requested a tariff classification ruling. No sample was submitted.

You describe the SR-100 and 200 as devices that, when a standard telephone rings, will add up to 95 decibels to the ringing.

We agree with your statement that the applicable HTS 1-97 classification is HTS 8531.80.0050.

You state, “Since 1977, Ameriphone has specialized in products for individuals with special needs.” It is a division of Plantronics, which per your letterhead, is “World Leader in Communication Headsets.”

Since normal hearing people now routinely have the option of using a cordless handset if they are often a considerable distance from the base telephone and since most telephones have adjustable ringers which can be set to quite loud, although far short of 95 decibels, we agree that its design makes it unlikely that it would be used by others than those who have a permanent or chronic impairment which substantially limits their hearing per U.S. Note 4 to Subchapter 17 to Chapter 98 of the HTS.

On that basis a secondary classification will apply for these items in HTS 9817.00.96, as specially designed or adapted for the use or benefit of the physically or mentally handicapped, free of duty, if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P.

If you have any questions regarding the classification in 8531.80.0050 of this item, contact National Import Specialist D. Curran 646-733-3017. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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