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NY N016127




September 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.62.0050 8517.69.0000 8517.70.0000

Mr. James Easterday, LCB
Manager, Customs & Classification Services Maersk Customs Services, Inc.
3100 Broadway, Suite 300
Kansas City, MO 64111

RE: The tariff classification of the ACT-707S, the MR-515/MT-103, and the MR-801/MH801C from an unspecified country

Dear Mr. Easterday:

In your letter dated August 15, 2007 you requested a tariff classification ruling, on behalf of your client Avlex Corporation.

The merchandise subject to this ruling is identified within your letter as the ACT-707S, the MR-515/MT-103, and the MR-801/MH801C. These items consist of at least one receiver or a receiver and a transmitter. Your letter requested the classification of the ACT-707S, the MR-515/MT-103, and the MR-801/MH801C in their entirety, as well as the classification of the receiver and the transmitter when imported separately. You also asked whether you would have to identify (separately classify) an external power supply and removable antenna when imported with a receiver. This ruling will address all of those issues.

The ACT-707S consists of an ACT-707S wireless receiver, a 1SPS0010 power supply, a 2FA013 power cord, a 2TA021 or 2TA022 antenna (1 pair), a 1MLR0049 data cable, and a 2FA001 microphone cable. The basic products of the ACT-707S are the receiver, power supply, power cord, and antennas. The power supply and the power cord are required to operate the ACT-707S receiver. Although optional remote antennas are available for the ACT-707S receiver, the antennas imported with the ACT-707S are specific to the operation of the ACT-707S and are the ones most often used with this receiver. The data cable is used to make the necessary connections to allow the receiver to be controlled by a computer. The microphone cable is used to connect the receiver to a mixer or an amplifier. The receiver, power supply, power cord, antenna pair, data cable, and microphone cable are imported all together in a plastic carrying case and is packaged ready for retail sale without further packaging.

The essential character of the ACT-707S is the wireless receiver. The receiver automatically scans for an interference-free channel at the touch of a button on it, known as the “ACT” button. Once the receiver has selected a frequency, another one-press of the “ACT” button on the receiver automatically uploads the working frequency into the transmitter, a wireless microphone, which is not imported with the ACT-707S, thereby avoiding errors in programming. As such, this receiver also acts as a transmitter by uploading the frequency into the transmitter, while also converting analog signals into digital signals and digital signals back to analog signals (voice).

The MR-515/MT-103 is a set of two functional components, the receiver component and the transmitter component. The MR-515/MT-103 consists of an MR-515 wireless receiver, a 2DA006 power supply, a 2TA002 antenna, and an MT-103 transmitter. The power supply and antenna are required to operate the MR-515 receiver. The transmitter component consists of the transmitter itself. The receiver, power supply, antenna, and transmitter are all imported together in the same packaging ready for retail sale without further packaging. Essentially, this set consists of machines that receive, convert, and transmit voice via analog signal conversion to digital signals and digital signals converted back to analog signals conversion.

The MR-801/MH801C is a set of two functional components, the receiver component and the transmitter component. The MR-801/MH801C consists of an MR-801 wireless receiver, a 2DA006 power supply, a 2TA015 antenna (1 pair), an MH-801C wireless microphone transmitter, an MD-20 stand adaptor, and a 2FA001 microphone cable. The power supply and antenna pair is required to operate the MR-801 receiver. The transmitter component consists of the transmitter itself and the stand adaptor. The MD-20 stand adaptor is required to mount the microphone (transmitter) on a stand. The stand adaptor screws onto the top of the microphone stand and is specifically designed to hold a Mipro handheld microphone/transmitter. The 2FA001 microphone cable is used to connect the receiver to a mixer or an amplifier. The receiver, power supply, antenna, microphone transmitter, stand adaptor, and microphone cable are all imported together in the same packaging ready for retail sale without further packing. Essentially, this set consists of machines that receive, convert, and transmit voice via analog signal conversion to digital signals and digital signals converted back to analog signals.

The applicable subheading for the ACT-707S, the MR-515/MT-103, the MR-801/MH801C, will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other”. The rate of duty will be free.

When imported separately, the applicable subheading for the ACT-707S wireless receiver, which uploads (transmits) to a transmitter as explained above in the ACT-707S description, will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other”. The rate of duty will be free.

The applicable subheading for the, MR-515 wireless receiver, MT-103 transmitter, MR-801 wireless receiver, and MH-801C wireless microphone transmitter when imported separately, each of which execute either a receiver and conversion function or a transmission and conversion, will be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice images, of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Other”. The rate of duty will be free.

In response to your question as to whether an external power supply and removable antenna would have to be identified (classified separately) when imported with a receiver, if the receiver, external power supply, and removable antenna are all imported together in the same packaging ready for retail sale without further packaging, neither the external power supply nor removable antenna would have to be identified and classified separately. The applicable subheading for a receiver, external power supply, and removable antenna imported in the same retail packaging without further packaging would be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice images, of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Other”. The rate of duty would be free. If, however, the receiver, external power supply, and removable antenna will not be packaged together ready for retail sale without any further packaging, each item will have to be classified separately. The applicable subheading for the receiver, with only reception and conversion functions, would be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice images, of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Other”. The rate of duty will be free. The applicable subheading for the removable antenna would be 8517.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice images, of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Parts”. The rate of duty would be free. At this time, a classification determination cannot be reached regarding the external power supply because specific information about it is needed, i.e. type of current going in, type of current going out, power output in watts, ability to recharge, etc.

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/.

If you decide to resubmit your request, pertaining to the external power supply, which is not packaged together ready for retail sale without any further packaging, you can 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. Please provide specific information about that item.

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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