The tariff classification of the Data Terminal from Japan

NY C88485 July 2, 1998 CLA-2-85:RR:NC:MM:109 C88485 CATEGORY: Classification TARIFF NO.: 8517.80.2000 Mr. Brian F. Walsh Barnes, Richardson & Colburn 200 East Randolph Drive Suite 7920 Chicago, Illinois 60601-7796 RE: The tariff classification of the Data Terminal from Japan Dear Mr. Walsh: In your letter dated May 29, 1998, you requested a tariff classification ruling on behalf of Mitsui Comtek Corporation. The merchandise is described as the Data Terminal. Descriptive literature was submitted. The Data Terminal is designed as a composite device to provide telephone access, Internet access, and information services access. It incorporates both telecommunications functions (voice, data, image), and data processing functions. It has a small desktop terminal design which includes a speaker phone, a telephone handset, an 8" VGA STN color LCD display with touch panel navigation, a QWERTY keyboard, 33.6 Kbps modem, and data and voice storage. It has the following connectors: two POTS (telephone), Ethernet, Serial Port and Parallel Port. The following functions are incorporated into the device: Enhanced Telephony Functions: ? Full Duplex Speaker Phone ? Caller ID ? Caller ID on Call Waiting ? Dial/Speed Dial from on-screen directory Advanced Integrated Messaging: ? Message light flashes on receipt of: voice messages, E-Mail Messages, text, voice or written memos, news ? Message Distribution/Routing ? Pager Notification of Messages ? Access to server based messages Information Services access ? News, reference, theater, weather, etc. Internet access The Data Terminal is designed to remain current with Internet standards and will be able to be configured over the phone line and to receive ongoing software updates. It comes with a suite of applications: ? Internet Browser ? Full E-Mail Client ? On-Screen Dialing Manager ? Phone/E-Mail/Address Book ? Voice Mail Client ? Digital Answering Machine ? Pager Notification ? Memo/Drawing Pad ? Text Editor ? Calendar with Clock HQ 086553, May 11, 1990, HQ 953453, July 16, 1993, and NY B85915, June 23, 1997, address similar devices that incorporate both telecommunications functions, and data processing functions. In these rulings we classified similar composite machines as telegraphic apparatus under subheadings 8517.82.00 (1990 and 1993) and 8517.80.2000 (1997), Harmonized Tariff Schedule of the United States (HTS). The degree of physical and functional integration of these devices made it difficult to isolate one of the functions and identify it as the principal function. Also no component was found to give these devices their essential character. They were classified pursuant to GRI 3(c), HTS, under the last subheading among the subheadings which equally merited consideration. The applicable subheading for the Data Terminal will be 8517.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[o]ther apparatus: [t]elegraphic." The rate of duty will be 2.4% ad valorem. 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 Eileen S. Kaplan at 212-466-5673. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division