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NY J89413




October 24, 2003

CLA-2-84:RR:NC:1:110 J89413

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.9000

Mr. Thomas W. Phalen
Plantronics Inc.
345 Encinal St., P.O. Box 635
Santa Cruz, CA 95060

RE: The tariff classification of headset adapter from China.

Dear Mr. Phalen:

In your letter dated September 22, 2003 you requested a tariff classification ruling.

The merchandise under consideration is Plantronics DA50 “USB-to-Headset Adapter.” The DA50 Adapter is a small rectangle device measuring approximately 7 inches long by 5½ inches wide and is 2 inches tall. At one end of the device is a cable with a USB (Universal Serial Bus) Connector. The other end of the device has a cable with a QD (Quick Disconnect) Connector that accepts all professional Plantronics H-Series headsets to Voice-over-IP (Internet Protocol) softphones. This cable also has an Inline Control, which includes mute button and volume controls. The DA50 Adapter is designed to plug directly into a personal computer USB port allowing the user to plug a headset with microphone into its QD Connector and is used for Internet Telephony applications once the software is installed. The software is provided as a CD-ROM called PerSono Pro, which enables call center agents to optimize the audio qualities of their headsets. The DA50 Adapter is a signal converter that transmits and receives signals via a USB port.

It is noted that the Plantronics DA50 Adapter will be packaged with the PerSono Pro software in the form of a CD-ROM, which must be classified in accordance with Legal Note 6 to chapter 85. Note 6, which states: “This note does not apply to such media when they are entered with articles other than the apparatus for which they are intended.” The CD-ROM software must be installed into apparatus other than the DA50 Adapter. Accordingly, since the CD-ROM is entered with an article other than the apparatus for which it is to be installed, the CD-ROM software need not be separately classified.

In your letter you suggest classification under 8517.80.1020. The DA50 Adapter, however, is properly classified under 8471.80.9000. This item connects directly to a computer USB port, it does not connect directly to line telephony or line telegraphy apparatus.

The applicable subheading for the Plantronics DA50 Adapter will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Other: Other.” The general 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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