Classification of a Voice Port; Protest No. 1704-05-1000291

April 23, 2008 HQ W968409 CLA-2 OT:RR:CTF:TCM W968409 RM CATEGORY: Classification TARIFF NO.: 8517.50.9000 Port Director United States Customs and Border Protection 4341 International ParkwaySuite 600Atlanta, GA 30354 Attn: Dan Gladden RE: Classification of a Voice Port; Protest No. 1704-05-1000291 Dear Port Director: The following is our decision regarding the Application for Further Review (“AFR”) of protest No. 1704-05-1000291, timely filed by Arris International Inc., concerning the tariff classification of the “Voice Port” under the Harmonized Tariff Schedule of the United States (HTSUS). FACTS: The subject merchandise, referred to as the “Voice Port,” is a network interface unit (NIU) that enables digital telephonic communication over a standard Hybrid-Fiber-Coax network. The NIU is situated on a cable television line where it receives and demodulates incoming digital radio frequency (RF) carrier telephony signals delivered by the cable provider, and it converts the signal to voice or voice band data (i.e., fax). It does not transmit or receive cable television signals. You classified the Voice Port in subheading 8525.10.3035, HTSUS, as a transmission apparatus for television. The entry was made on December 7, 2004 and liquidated on October 21, 2005. ISSUE: What is the tariff classification of the Voice Port under the HTSUS? LAW AND ANALYSIS: The tariff classification of the Voice Port at issue was addressed and resolved in Headquarters Ruling (HQ) 967554, dated December 1, 2005, and in HQ 967795, dated November 14, 2005. In those rulings, CBP held that the Voice Port is provided for in heading 8517, HTSUS, specifically subheading 8517.50.90, HTSUS, as an electrical apparatus for line telephony, because it is an apparatus for receiving and demodulating incoming digital radio frequency (RF) carrier telephony signals. Further, we determined that heading 8525, HTSUS, the provision for transmission apparatus for television, does not apply because the product does not transmit or receive cable television signals. In light of the fact that this issue was previously ruled upon in the above-cited HQ decisions, in accordance with 19 C.F.R. 174.23 and 174.26, the protest should have been allowed and the protest should not have been forwarded for review. In returning this to you, we note that subheading 8517.50, HTSUS, became 8517.62.0050 in the 2007 HTSUS, effective February 3, 2007. In the future, Voice Ports should be classified accordingly. HOLDING: The Voice Port is classified in subheading 8517.50.90, HTSUS, which provides for: “Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line systems; videophones; parts thereof: Other apparatus for carrier-current line systems or for digital line systems: Other: Telegraphic: Other.” The 2005 column one, general rate of duty is: “free.” Duty rates are provided for convenience only and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov/tata/hts/. The protest should be APPROVED. In accordance with Sections IV and VI of the CBP Protest/Petition Processing Handbook (HB 3500-08A, December 2007, pp. 24 and 26), you are to mail this decision, together with the CBP Form 19, to the Protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of International Trade will make the decision available to CBP personnel, and to the public on the CBP Home Page on the World Wide Web at www.cbp.gov, by means of the Freedom of Information Act, and other methods of public distribution. Sincerely, Myles B. Harmon, Director Commercial and Trade Facilitation Division