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NY I85166




September 6, 2002

CLA-2-90:RR:NC:N1:105 I85166

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 signaling devices 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 Alertmaster AM-100 as “designed for people with severe hearing loss. Altermaster 100 notifies household of ringing telephone and ringing doorbell via flashing lamp or personal signaler. Various accessories allow you to customize the system for your specific household needs. Distinct flashing patterns and lighted icons on unit identify what is happening. AM-100 comes with wireless doorbell.

The Alertmaster AM-6000 as designed for people with severe hearing loss. Alertmaster 6000 notifies household of up to six events including telephone or doorbell ringing, baby crying, audio alarms, and more via flashing lamp, a bed shaker and vibrating personal signaler. Various accessories allow you to customize the system for your specific household needs. Distinct flashing patterns and lighted icons on master console unit identify each household event as it is happening. AM-6000 comes with wireless doorbell, bed shaker and has an alarm clock with snooze button.

The Alertmaster AM-6000 Combo (with AM-RX2) as designed for people with severe hearing loss. Alertmaster 6000 Combo notifies household in multiple rooms, of up to six events including telephone or doorbell ringing, baby crying, audio alarms, and more via flshing lamps, a bed shaker and vibrating personal signaler. Various accessories allow you to customize the system for your specific household needs. Distinct flashing patterns and lighted icons on master console unit identify each household event as it is happening. AM-6000 comes with wireless doorbell, bed shaker and has an alarm clock with snooze button. AM-RX2 receiving units can be connected to lamps in any room up to 80 feet from master console unit and will also flash in distinctive patterns and the illuminate icons to identify each household event.”

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.”

Consistent with New York Ruling Letter 881007-119 and 880967, both dated December 30, 1992, 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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