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NY L88595




November 29, 2005

CLA-2-85:RR:NC:MM:109 L88595

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000 8518.30.2000

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 3300 Analog Gateway, a 3300 Integrated Communications Platform, a 3300 Wireless Gateway, a NuPoint Messenger IP from Canada, and a Headset from Mexico

Dear Mr. Marlow:

In your letter dated October 28, 2005, you requested a tariff classification ruling, on behalf of your client Mitel Networks, Inc.

The ruling pertains to the classification of five items. They are a 3300 Analog Gateway, a 3300 Integrated Communications Platform, a 3300 Wireless Gateway, a NuPoint Messenger IP from Canada, and a Headset.

The 3300 Analog Gateway integrates branch offices into the corporate communications network. By deploying phones hosted from a central 3300 ICP to a small branch office location, the 3300 Analog Gateway enables users to take advantage of the same features, functions, applications and services available to larger offices across the enterprise. It also provides local Public Switched Telephone Networks (PSTN) access and emergency calling support to a branch office. It is a survivable gateway that provides local call processing for branch office phones in the event that they lose connection to the host 3300 ICP, i.e. the wide area network (WAN) or router failure.

The 3300 Integrated Communications Platform provides feature enhanced Internet Protocol (IP) telephony and advanced user applications to corporate local and wide are networks (LAN/WAN). It has embedded voice mail, which holds up to 750 mailboxes with a maximum of 100 messages per mailbox, IP Networking with connections of up to 250 other network nodes, allowing for up to 200 connections between any two nodes, and its embedded digital trunk module has two E1/T1 trunk interfaces.

The 3300 Wireless Gateway seamlessly blends the wired and wireless worlds for the user anywhere with the enterprise. This Integrated Communications Platform (ICP) can be deployed to provide a wireless voice solution for legacy Public Branch Exchange (PBX) enabled enterprises and environments that do not currently have wireless capabilities, or that have a data only wireless local area network (LAN) infrastructure. It has access to 500+ features and applications, such as voice mail, speech recognition, and call center applications, and supports wired and wireless voice and data devices with a single controller.

The NuPoint Messenger IP is a messaging system that provides features to support critical business communications. It allows organizations to implement sophisticated multi-level, scheduled auto attendant applications, provide users with the ability to access and manage their message from their PCs or telephones and simplify administrative tasks associated with monitoring and managing the system over the network.

The Headset is manufactured by Plantronics and is specially designed for Mitel’s family of Internet Protocol (IP) and digital telephones and consoles. The headset plugs directly into the dedicated interface jack provided on selected Mitel IP and Superset™ digital telephones. The jack is designed with circuitry for headset amplification eliminating the need for a headset amplifier box. The headset is equipped with a feature control switch that allows the user to mute the microphone, answer a call and hand-up. It also has a quick disconnect plug that allows the user to move away from the telephone while on a call without removing the headset. The user can resume the call by reconnecting the headset.

The applicable subheading for the 3300 Analog Gateway, 3300 Integrated Communications Platform, 3300 Wireless Gateway, and NuPoint Messenger IP from Canada will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other apparatus for carrier-current line systems or for digital line systems: Other: Telegraphic: Other.” The general rate of duty will be free.

The applicable subheading for the Headset will be 8518.30.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Headphones: Other.” The general 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,

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