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NY J89468




October 8, 2003

CLA-2-85:RR:NC:1:108 J89468

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.3080

Mr. Jonathan M. Fee
Alston & Bird LLP
601 Pennsylvania Avenue, N.W.
North Building, 10th Floor
Washington, D.C. 20004-2601

RE: The tariff classification of a transceiver from Malaysia.

Dear Mr. Fee:

In your letter dated September 26, 2003, on behalf of your client SmartSynch Inc., you requested a tariff classification ruling.

The item in question is denoted as a telemetric module. It is designed to facilitate, via radio remote access, control and usage monitoring of various telemetric devices. It is designed to transmit/receive data via a radio frequency at approximately 900 MHz. This data can be viewed on a digital display. It cannot transmit/receive simultaneously. Based upon the information provided this device cannot count disc rotations and does not in any way measure the information sent or received. Therefore based upon this information heading 9028, HTSUSA, is not appropriate.

The applicable subheading for the telemetric module will be 8525.20.3080, 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 and other video camera recorders; digital cameras: Transmission apparatus incorporating reception apparatus: Transceivers: Other Other: Other: For frequencies exceeding 400MHz. 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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