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NY N014385





August 10, 2007

CLA-2-85:RR:E:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.62.0010

Mr. Anthony Johnson
President
Anthony Johnson III – CHB (Customs House Broker) 100 W. Imperial Avenue, Unit J
El Segundo, CA 90245

RE: The tariff classification of PC modem cards from Korea and China

Dear Mr. Johnson:

In your letter dated July 16, 2007, you requested a tariff classification ruling, on behalf of your client Novatel Wireless.

The merchandise subject to this ruling is PC modem cards. They are identified in your ruling as models Merlin X720, Merlin M720, Ovation MCD 3000, and Expedite E725. Your letter also stated that your client imports the “caddy” for these PC modem cards. This office is not certain if you are requesting the classification of the caddy. However, your submission does not provide adequate factual information regarding that merchandise for this office to determine its classification. Therefore, this ruling will address the classification of the PC modem cards only.

The Merlin X720 PC modem card is capable of operating on broadband without wires that allows for wireless connection to the Internet. A visual LED indicator alerts the user of its Internet connection status. It is based on EV-DO Rev A, EV-DO Rev 0 and 1xRTT technology that enables it to download at speed of up to 3.1 Mbps and upload at a speed of 1.8 Mbps. The incorporated flip-up antenna design offers advanced dual-band diversity which enhances performance by maximizing data throughput.

The Merlin M720 PC modem card is capable of operating on dual band CDMA EV-DO Rev A networks at data speeds up to 3.1 Mbps allowing an increase in productivity. It has GPS capability to retrieve location from GPS satellites and utilizes GPS navigation and location-based applications. Its design incorporates an external flip antenna, thus maximizing data speed performance and allowing for stronger network signal reception. An external antenna can be added via the external antenna jack to further enhance data throughput and maximize network connectivity.

The Ovation MCD 3000 PC modem card is capable of operating on dual band CDMA EV-DO Rev A networks at data speeds up to 3.1 Mbps enabling an increase in productivity. It works with notebooks and tablet PC for mobility and desktops to support fixed wireless convergence. The advanced dual band diversity antenna system design incorporates an external flip antenna, maximizing data speed performance and allowing for stronger network signal reception. It has GPS capability to retrieve location data from GPS satellites and utilizes GPS navigation and location-based services.

The Expedite E725 PC modem card is based on 3G CDMA EV-DO Rev A technology that provides data speeds up to 3.1 Mbps. It offers fast, wireless broadband speeds and achieves LAN-like mobility, enabling increased productivity. It has GPS capability to retrieve location data from GPS satellites and utilizes GPS navigation and location-based applications.

The applicable subheading for the PC modem cards (Merlin X720, Merlin M720, Ovation MCD 3000, and Expedite E725) will be 8517.62.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Modems, of a kind used with data processing machines of heading 8471”. The rate of duty will be free.

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).

If you decide to resubmit your request for the classification of the caddy please include descriptive literature and a detailed explanation on the use and function of it, as well as its constituent material. Mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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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