The tariff classification of “Talk n Rock” Hands free telephone with FM radio from Hong Kong and China

NY G89335 April 13, 2001 CLA-2-85:RR:NC:MM:109 G89335 CATEGORY: Classification TARIFF NO.: 8517.19.8070 Mr. Dennis Awana Atty-In-Fact Inter-Orient Services 1455 Monterey Pass Road #205 Monterey Park, CA 91754 RE: The tariff classification of “Talk n Rock” Hands free telephone with FM radio from Hong Kong and China Dear Mr. Awana: In your letter dated March 27, 2001, you requested a tariff classification ruling, on behalf of Arkon Rources, Inc. The merchandise is marketed under the name “TALK n Rock”. It consists of a hands free telephone with a built in FM radio. The telephone is tone/pulse switchable and contains an automatic redial feature, flash function, hi/low volume control, is hearing aid compatible and is FCC registered. The radio is an FM receiver with auto tune, contains an auto radio mute function and is battery (2 x AAA) operated. The hands free device consists of a lightweight keypad base containing a belt/pocket clip, a mini “over the ear” corded headset, and a 25-ft. telephone line cord. The corded headset plugs into the earphone port on the keypad base. The 25-ft. telephone line cord allows for mobility. One end of the cord plugs into the jack on the keypad base and the other end of the cord plugs into a telephone wall jack. A sample was received and returned to you. The merchandise is considered to be a composite good consisting of a telephone and a radio. It is the opinion of this office that the telephone imparts the essential character of the “Talk n Rock” hands free telephone with FM radio. In accordance with General Rules of Interpretation (GRI) 3 (b), this merchandise is classified as a line telephone under heading 8517, the heading which provides for the essential character of the item. The applicable subheading for the Hands free telephone with FM radio will be 8517.19.8070 Harmonized Tariff Schedule of the United States (HTS), which provides for “Telephone sets; videophones: Other: Other, Single line: Other: Other”. The rate of duty will be free. 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 212-637-7048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division