Hand held dialer; HQ 087911; Subheading 8543.80.90.

HQ 088605 February 27, 1991 CLA-2 CO:R:C:M 088605 AJS CATEGORY: Classification TARIFF NO.: 8517.81.00 Mr. John Montoya Canon U.S.A., Inc. One Canon Plaza Lake Success, NY 11042-1113 RE: Hand held dialer; HQ 087911; Subheading 8543.80.90. Dear Mr. Montoya: On March 8, 1988, prior to implementation of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), Customs issued to your office an advisory letter HQ 081681 (copy attach- ed), which classified the model DF-100 hand held dialer within subheading 8543.80.90, HTSUSA, as other machines and apparatus. In ruling letter HQ 087911 (02/04/91) (copy attached), Customs classified an intelligent dialer within subheading 8517.81.00, HTSUSA, as telephonic apparatus. This office is of the opinion that this ruling is applicable to your merchandise. In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying HQ 081681 to reflect the above classification effective with the date of this letter. However, if you disagree with the legal basis for our decision, we invite you to submit any arguments you may have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter. This notice should be considered a modification of HQ 081681 under 19 C.F.R. 177.9(d)(1). It is not to be applied retroactively to HQ 081681 (19 C.F.R. 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, HQ 081681 will no longer be valid precedent. We recognize that pending -2- transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to this modification. If such a situation should arise, you may, at your discretion, notify this office and apply for relief from the binding effects of this ruling as may be warranted by circumstances. Sincerely, John Durant, Director Commercial Rulings Division Enclosures