The tariff classification of a FAX Companion and a paging amplifier from Canada

NY 841777 Jun 15, 1989 CLA-2-85:S:N:N1:109 841777 CATEGORY: Classification TARIFF NO.: 8517.40.70 Mr. R.C. Willette A.N. Deringer, Inc. 30 West Service Road Champlain, New York 12919-9703 RE: The tariff classification of a FAX Companion and a paging amplifier from Canada Dear Mr. Willette: In your letter dated May 25, 1989 you requested a tariff classification ruling. The submitted literature describes the subject merchandise as follows: 1. The FAX companion, identified in the literature as "NED 221" is a device designed to transmit fax over an ordinary existing telephone line. The "NED 221" appears to be a modem. It does not appear to be of a kind used with data processing machines of heading 8471 and it does not appear to be capable of transmitting voice. 2. The paging amplifier, identified in the literature as "NED 20/40/100" power amplifier, is a high performance paging amplifier designed primarily for telephone systems applications. The applicable subheading for the FAX Companion, NED 221 will be 8517.40.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Modems." The rate of duty will be 4.7 percent ad valorem. Goods classifiable under subheading 8517.40.7000, HTS, which have originated in the territory of Canada, will be entitled to a 3.7 percent ad valorem rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Your inquiry does not provide enough information for us to give a classification ruling on the paging amplifier. Your request for a classification ruling should include a complete description of the article explaining what the merchandise is, where and how it is used, and exactly how it operates. Also please advise us of the frequency the power amplifier operates at and whether it performs functions other than amplification. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport