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NY J89469




October 8, 2003

CLA-2-85:RR:NC:1:108 J89469

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 telemetric module 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 a telemetric module denoted as the CreataLink 2XT data transceiver. It is an industrial grade transceiver designed to both transmit and receive telemetric signals, including quantity measurements and other similar data messages. This device has multiple uses with such equipment as utility meters, vehicle tracking systems, vending machines, health care monitoring systems, security systems, lighting and irrigation control systems.

This module transmits and receives radio signals, through the ether without any line connection, on a frequency of approximately 900 MHz. It does not transmit and receive simultaneously and the device cannot measure or read disc rotations. Therefore heading 9802, HTSUSA, is not appropriate.

The applicable subheading for the CreataLink 2XT data transceiver 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 400 MHz. 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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