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NY N003593




December 14, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.19.8070 4202.92.9026

Mr. Rennie Alston
President
American River Brokerage Services Ltd.
614 Progress Street
Elizabeth, NJ 07201

RE: The tariff classification of a “Skype”, USB Internet mini phone (Model 9602) from China

Dear Mr. Alston:

In your letter dated November 14, 2006, you requested a tariff classification ruling, on behalf of your client USRobotics.

The merchandise subject to this ruling is a “Skype”, USB Internet mini phone. It is referred to in your letter as Model 9602. The Model 9602 enables the user to place and receive telephone calls through the Internet via a USB connection with a personal computer (PC).

This “Skype” Internet mini phone is packaged and imported in a box ready for retail sale along with a USB cord, a nylon pouch, and a CD-Rom. One end of the USB cord is inserted into the bottom of the Internet mini phone and the other end into a computer’s USB, which enables the user to place and receive telephone calls through Voice over Internet Protocol (VoIP). While the nylon pouch is not designed or manufactured specifically for the phone, it is used for protection, portability, organization and storage of the “Skype” Internet mini phone. The CD, which is an installation CD-Rom, is placed into the CD drive of a computer. A sample of this merchandise was furnished for classification purposes.

In accordance with Legal Note 6 to Chapter 85, the CD-Rom remains classified with the “Skype” Internet mini phone since it is imported with an article for which it is not intended. However, the nylon pouch is classified separately from the “Skype” Internet mini phone.

The applicable subheading for the “Skype”, USB Internet mini phone (Model 9602) will be 8517.19.8070, Harmonized Tariff Schedule of the United States (HTSUS), 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 nylon pouch will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part for “Other bags and containers, with outer surface of textile materials, other, other, other, of man-made fibers.” The duty rate will be 17.6 percent ad valorem.

HTSUS 4202.92.9026 falls within textile category designation 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 8517.18.0050 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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