NY I89984 - The tariff classification of a Voice over Internet Protocol (VoIP) device from Taiwan - United States International Trade Commision Rulings

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NY I89984

January 30, 2003

CLA-2-85:RR:NC:MM:109 I89984

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000

Mr. Eamon M. Wentzel
D-Link Systems, Inc.
Product Management Department
53 Discovery Drive
Irvine, CA 92618

RE: The tariff classification of a Voice over Internet Protocol (VoIP) device from Taiwan

Dear Mr. Wentzel:

In your letter dated January 21,2003, you requested a tariff classification ruling.

The merchandise is described in your letter as a Voice over Internet Protocol (VoIP) device. This VoIP device is called the D-Link i2Eye DVC-1000 Broadband VideoPhone. It enables video conferencing over the Internet in real time. This is a stand-alone device, but does not need a computer to videoconference over the Internet. Connection to the Internet is made by plugging a standard Ethernet network cable into the DVC-1000. Viewing of a video conference call is made possible by connecting a television into the designated port on the DVC-1000. The DVC-1000 has an additional port for connection to a standard lined telephone providing for privacy of the conversation

Although this VoIP device is referred to as a VideoPhone, it does not meet the requirements for classification as a telephone as stated in Explanatory Note 85.17 (I) (A). Therefore, the D-Link i2Eye DVC-1000 Broadband VideoPhone does not qualify for classification as a “Videophone” under HTSUS 8517.19.4000.

The applicable subheading for the D-Link i2Eye DVC-1000 Broadband VideoPhone will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), 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 systemsOther apparatus, for carrier-current line systems or for digital line systems: 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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