United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L86786 - NY L86839 > NY L86801

Previous Ruling Next Ruling
NY L86801




August 26, 2005

CLA-2-85:RR:NC:MM:109 L86801

CATEGORY: CLASSIFICATION

TARIFF NO.: 8518.10.8030

Ms. Ericka Medina
Import/Export Control Specialist
Spectralink Corporation
5755 Central Avenue
Boulder, CO 80301

RE: The tariff classification of SpectraLink microphones from Hong Kong

Dear Ms. Medina:

In your letter dated July 26, 2005, you requested a tariff classification ruling.

The merchandise subject to this ruling is SpectraLink 36-0014-00 and SpectraLink 36-0015-00 microphones.

Your letter states that the SpectraLink 36-0014-00 (Manufacturer Part Number OWMO-6022LP-44-1033-TOL.+/-2DB) and SpectraLink 36-0015-00 (Manufacturer Part Number OWMO-6022T-44-1033) microphones are utilized in wireless telephones. The Specification Sheets provided for both microphones reveals that these microphones have a frequency range of 50 Hz to 20 kHz and measure 6.0±0.1 in diameter and 2.2±0.1 in height. Samples of the SpectraLink 36-0014-00 and SpectraLink 36-0015-00 microphones were furnished along with your ruling request.

In your letter, you stated that because the microphones are used exclusively for telecommunications purposes the correct classification should be 8518.10.4000. Subheading 8518.10.40, Harmonized Tariff Schedule of the United States (HTSUS) provides for “Microphones having a frequency range of 300 Hz to 3.4 kHz with a diameter of not exceeding 10 mm and a height not exceeding 3 mm, for telecommunication use.” However, while the SpectraLink 36-0014-00 and SpectraLink 36-0015-00 microphones may be used in wireless telephones and do not exceed 10 mm in diameter nor 3 mm in height, they do not have a frequency range of 300 Hz to 3.4 kHz. The subject microphones have a frequency range which includes these parameters, but extends beyond them on either end. It is Customs position that a good, which exceeds a stated frequency range, as in the range stated in subheading 8518.10.40, is not within the scope of that subheading. Therefore, the SpectraLink 36-0014-00 and SpectraLink 36-0015-00 microphones cannot be classified in subheading 8518.10.40. The SpectraLink 36-0014-00 and SpectraLink 36-0015-00 microphones are appropriately classified within subheading 8518.10.80, as Other: Microphones.

The applicable subheading for the SpectraLink 36-0014-00 and SpectraLink 36-0015-00 microphones will be 8518.10.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Microphones and stands therefor: Other: Microphones.” The rate of duty will be 4.9 percent ad valorem.

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,

Previous Ruling Next Ruling

See also: