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NY L88495





December 2, 2005

CLA-2-85:RR:NC:MM:109 L88495

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.19.8070 8517.19.8080 8517.80.1020

Mr. Stephen W. Marlow
Manager, Regulatory Services
FedEx Trade Networks
Transport & Brokerage, Inc.
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of a 5207 IP Phone, a 5215 IP Phone (Dual Mode), a 5235 IP Phone, a 5310 IP Conference Unit, and a 5303 Conference Phone from China

Dear Mr. Marlow:

In your letter dated October 27, 2005, you requested a tariff classification ruling, on behalf of your client Mitel Networks, Inc.

This ruling pertains to the classification of five items. They are a 5207 IP Phone, a 5215 IP Phone (Dual Mode), a 5235 IP Phone, a 5310 IP Conference Unit, and a 5303 Conference Phone.

The 5207 IP Phone is an entry-level multi-line, user-programmable IP speakerphone with an easy-to-read backlit display. It is designed primarily for users requiring multiple line appearances and feature keys. Some of the features include multiple programmable keys, hands-free speakerphone operation, 8 fixed function keys: hold, superkey/program, transfer/conference, cancel, speaker, microphone, message, and redial, speed dialing, on-hook dialing, and a voice mail message waiting lamp.

The 5215 IP Phone (Dual Mode) is a handsfree IP speakerphone with multi-line backlit display and programmable feature keys. It provides intuitive user access to more sophisticated call handling and converged applications supported by the Mitel Integrated Communications Platforms (ICPs). It is easily personalized with programmable keys or a web browser-based desktop configuration tool. The 5215 IP Phone is an ideal teleworkers or ACD agent phone.

The 5235 IP Phone is a full-feature, enterprise-class, web-enabled IP phone with a large backlit touch-screen that delivers access t web-based applications and services including HTML and XML browsing, directory management and visual voice mail. It is targeted towards users who require real-time access to advanced voice and multimedia applications and services. The 5235 IP Phone can be used as an ACD agent or supervisor, as well as a teleworkers phone. It supports a full lineup of IP peripherals, such a s programmable key modules (PKMs), conference units and line interface modules, for even greater access to IP applications right a the user’s desktop. Conferencing is simple with the intuitive and ease to use audio controls for full duplex speakerphone that are accessible from the conference controller application right on the applications touch screen of the 5235 IP Phone. The call history provides users with a record of incoming and outgoing calls, including calls made, received and missed. The visual voice mail allows users to browse the list of their messages without having to listen to them in sequence and the personal contacts feature enables users to add, delete, and edit names and numbers.

The 5310 IP Conference Unit is a full-duplex, IP conferencing unit that supports natural conversation while eliminating background noise, even in large meeting rooms, for exceptional voice quality and clarity. This highly intuitive device is not a telephone. But, rather a device that connects directly to the Mitel Networks 5220 IP Phone, giving users assess to familiar telephony controls. It uses beam-forming array technology to focus a microphone beam on the individual speaking, virtually eliminating all ambient room noise and side conversations. Built-in noise reduction and automatic gain control further support quality voice conferencing.

The 5303 Conference Phone is an analog conference phone with exclusive acoustic beamforming technology that automatically focuses the microphone on individual speakers to eliminate annoying background noise and side conversation. Combined with built-in noise reduction, automatic gain control and full duplex operation, it supports discussions that are as close to being there as possible. It has a complete set of telephone features, such as dialing, answering, transferring, and placing calls on hold, caller ID, redial and speed dial programming with Mitel Networks softkey technology. The full duplex operation supports natural conversation, allowing conversations without cutting off the other speaker.

The applicable subheading for the 5235 IP Phone and the 5303 Conference Phone will be 8517.19.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for ““Electrical apparatus for line telephony or line telegraphy including telephone sets with cordless handsetsTelephone sets; videophones: Other: Other; Single line: Other: Other.” The rate of duty will be free.

The applicable subheading for the 5207 IP Phone and the 5215 IP Phone (Dual Mode) will be 8517.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphy including telephone sets with cordless handsetsTelephone sets; videophones: Other: Other: Multiline (including key, call director and consoles).” The rate of duty will be free.

The applicable subheading for the 5310 IP Conference Unit will be 8517.80.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphy including telephone sets with cordless handsets: Other apparatus: Telephonic: 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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