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NY N019156





November 27, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.62.0050

Mr. Kenton C. Grimes
Brokerage Supervisor
Phoenix International Freight Services
17515 Engle Lake Rd.
Middleburgh Heights, OH 44130

RE: The tariff classification of a UHF wireless transmitter-receiver system, a belt clip transmitter pack, and an electronic UHF receiver unit from China, Japan, and Malaysia

Dear Mr. Grimes:

In your letter dated October 29, 2007 you requested a tariff classification ruling on behalf of your client, Audio-Technica U.S. Inc.

The merchandise subject to this ruling is the classification of a UHF wireless transmitter-receiver system and the classification of a wireless transmitter and a wireless UHF receiver unit, each when imported. As such, this ruling will address the classification of the UHF wireless system as a whole and the individual importation of the transmitter and UHF receiver unit.

The complete UHF wireless transmitter-receiver system comes in two configurations. The first configuration is as a packaged handheld microphone system, consisting of two primary components. They are a microphone containing an internal on-board electronic UHF transmitter and DC 9 volt battery power supply and an electronic UHF receiver unit with a separate AC/DC power supply. The second configuration is as a packaged vocal or instrument system consisting of two primary components. They are a belt clip transmitter pack that incorporates a 9 volt DC battery and an electronic UHF receiver unit with separate AC/DC power supply.

Both configurations of the UHF wireless transmitter-receiver systems are designed to be used by speakers or entertainers during a performance. The system is designed to allow the user freedom of movement while performing or speaking without being tethered to a line connection.

A variety of operating frequencies are offered so that multiple systems can be utilized simultaneously. The specific operating frequencies are determined by Audio-Technica. Transmitters are capable of providing the electronic signal for a distance of up to 200 feet from the receiver unit. The belt pack transmitters use a short antenna lead wire and the handheld version contains an internal antenna. Lastly, receivers and transmitters do not receive broadband signals, only those pre-designed frequencies determined by Audio-Technica. The source audio signal is routed to the Audio-Technica transmitter, which converts the source signal to a frequency modulated mode radio frequency signal. The radio frequency signal is received by the Audio-Technica receiver unit, detected and converted back to the original source audio signal. The receiver is hard wired to the sound application system connected to a sound producing source such as a speaker.

You suggested that the classification of the UHF wireless transmitter-receiver system was Harmonized Tariff Schedule of the United States (HTSUS) number 8517.69.0000, 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): Other.” However, the UHF wireless transmitter-receiver system more specifically provided for as machines for reception and transmission under HTSUS is 8517.62.0050, which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.”

You also suggested that the classification of the wireless receiver is HTSUS number 8527.99.2020, which provides for “Reception apparatus for radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other: Other Receivers capable of receiving signals on frequencies Exceeding 30 MHz but not exceeding 400 MHz” or HTSUS number 8527.99.2030, which provides for “Reception apparatus for radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other: Other: Receivers capable of receiving signals on frequencies Exceeding 400 MHz.” However, the receiver is a wireless device for the reception of radiotelegraphy, not for radiobroadcasting. As such, the appropriate HTSUS number is 8517.62.0050, which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.”

The applicable subheading for the UHF wireless transmitter-receiver system will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission ore 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 wireless microphone containing an internal on-board electronic UHF transmitter, wireless belt clip transmitter pack that incorporates a 9 volt DC battery, and wireless electronic UHF receiver unit with a separate AC/DC power supply, each when imported separately, will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission ore 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.

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).

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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