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NY I86326




October 11, 2002

CLA-2-85:RR:NC:1:108 I86326

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.9080

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Rd.
Valley Stream, NY 11580

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

Dear Weinrauch:

In your letter dated September 23, 2002, on behalf of your client Audiovox Communications Corporation, you requested a tariff classification ruling.

The item in question is denoted as the Audiovox RTM-8000 Tri-Band GSM/GPRS Compact Flash Card.

The device is a Tri-Band GSM (Global System for Mobile Communications)/GPRS (General Packet Radio Service) card for use with a pocket PC. The device is actually a wireless radio transmission device that operates on the 900, 1800, and 1900 MHz bands. It contains a transceiver and therefore can also receive a radio signal and an antenna. It should be noted that although it has reception capability it does not conform to the tariff definition of a transceiver per Additional U.S. Note 3 to chapter 85. It allows the user to conduct wireless voice communication as well as data transmission. It can operate as a wireless modem and although it is used with a pocket PC it does not function as an ADP device. The pocket PC serves as a means of dialing a phone number via the keyboard.

The applicable subheading for the Audiovox RTM-8000 Tri-Band GSM/GPRS device 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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