CLA-2 OT:RR:CTF:TCM H260250 PTM
TARIFF NUMBER: 9030.40.0000
Michael Roll, Esq.
Pisani & Roll, LLP
1875 Century Park East, Suite 600
Los Angeles, CA 90067
RE: Tariff Classification of the TS 52 PRO Test Set
Dear Mr. Roll,
We are writing in response to your correspondence, dated September 26, 2014, requesting a binding tariff classification ruling on the TS 52 PRO Test Set, filed on behalf of the Fluke Corporation. The ruling request was forwarded to this office on November 6, 2014. In preparation of this ruling, consideration was also given to the substance of our phone conversation, dated April 20, 2015, and your follow-up email submission, dated May 4, 2015. Our response follows.
FACTS:
The TS52 PRO Test Set (“TS52”) is described as a hand-held telephone set device designed as a testing device for use on telephone lines. The TS52 is comprised of a hand-held telephone receiver with a phosphorescent keypad, hands-free amplified speaker, belt clip, and a liquid crystal display (“LCD”) with backlight. The TS52 is designed to test or check phone line function for various features, and diagnose line quality. The phone line features that the TS52 tests include caller identification, data indication to show when data is present, Dual-Tone Multi-Frequency (“DTMF”) signaling, digit grabbing to isolate faulty customer premise equipment, voltage indication to identify potential line problems and current indication to verify sufficient line current.
The device is connected to phone lines using alligator clips. Once connected, the TS52 tests phone line quality in two separate ways. First, the set measures “tip and ring” voltage. “Tip and ring” voltage refers to the amount of voltage present on a telephone line when a customer’s phone is hung up, or in use. The voltage on the phone line differs depending on whether the phone is hung up or in use, and the set can test the voltage to determine whether the phone line is operating within the correct voltage ranges. Secondly, the TS52 measures electrical loop current. When a telephone is off the hook, it creates a signal path across the electrical wires that run from a customer’s home to the phone company’s location. The signal is detected as loop current, and also operates within specific ranges depending on whether the phone is hung up or in use. The voltage and current amperage readings are displayed on the LCD screen on the device.
In your May 4, 2015 submission, you provided additional information regarding how the TS52 tests for caller identification, DTMF digit grabbing and data indication. You indicate that these functions also operate within specified frequency ranges, and the TS52 tests to determine whether the functions operate within the required frequencies. For example, for DTMF digit grabbing, each number key pressed on a telephone generates two tones with specific frequencies, with each number having a unique low and high frequency tone. The TS52 determines whether the tones for each number are operating within acceptable ranges.
The following are images of the device:
Image 1:
Image 2:
ISSUE:
What is the proper tariff classification of the TS52 Pro Test Set?
LAW AND ANALYSIS:
The classification of merchandise under the Harmonized Tariff Schedule of the United States (“HTSUS”) is governed by the General Rules of Interpretation ("GRIs"). GRI 1 provides, in part, that "for legal purposes, classification shall be determined according to terms of the headings and any relative section or chapter notes…" In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied in order.
The HTSUS provisions under consideration are the following:
9030: Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations; parts and accessories thereof:
9030.40.00: Other instruments and apparatus, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers)…
* * *
9031: Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof:
9031:80: Other instruments, appliances and machines:
9031.80.80: Other…
The TS52 is a hand-held testing device designed to test telephone line features and diagnose line quality. It primarily tests electrical quantities on phone lines. Specifically, it tests “tip and ring” voltage and loop current on phone lines to determine whether they are operating within specified ranges for while hung up or in use. Although the TS52 primarily tests for electrical quantities, it also tests additional phone line functionality such as caller identification and data identification. It has no use other than testing telecommunications systems, in this case conventional telephone service on phone lines.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System at the international level. While not legally binding, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN for heading 9030 provides:
(B) OSCILLOSCOPES, SPECTRUM ANALYSERS
AND OTHER INSTRUMENTS AND APPARATUS
FOR MEASURING OR CHECKING ELECTRICAL QUANTITIES
The main types of electrical measurements are:
(I) Measurement of electric currents. This is carried out, in particular, by means of galvanometers or amperemeters (ammeters).
(II) Voltage measurement, by voltmeters, potentiometers, electrometers, etc. The electrometers used for measuring very high voltages are electrostatic; they differ from the usual type of voltmeter in that they are fitted with spheres or plates held on insulating pillars.
* * *
(VI) Measurement of frequencies, by means of frequency meters graduated in hertz (cycles per second).
* * *
Some electrical measuring instruments can be used for many purposes, for example, electrical or electronic instruments known as “universal testers”…which serve for the rapid measurement of voltages (direct or alternating), currents (direct or alternating, resistances and capacitances…The heading also includes a wide range of electrical or electronic instruments used in radio-communications or telecommunications.
(emphasis added).
Consequently, the heading covers telecommunication devices similar to the instant merchandise. Moreover, in light of the fact that the instant merchandise performs its functions by testing the current, voltage, and frequencies of a telephone line, we find that it measures or checks electrical quantities.
Likewise, prior CBP rulings have addressed the classification of phone line testing devices. Headquarters Ruling (“HQ”) 954869 (Feb. 9, 1994) classified the “PTS 109 Tone Tracker,” the “PTS 287 Oscillator” and the “T1544 Carrier Detector” test sets used to test the electrical quantities of telephone lines under subheading 9030.40 of the HTSUS. Similarly, in New York Ruling (“NY”) 864957 (Jul. 29, 1991), we classified the “CMC 5211 Line Chek II” portable telephone line test unit under subheading 9030.40 HTSUS. That unit featured a five digit loop and simplex auto dialer, a digital panel meter, an amplified pus-to-talk circuit, and an LED display. In NY 864960 (Jul. 29, 1991), we classified several telephone line test devices under subheading 9030.40 HTSUS. Thus, prior CBP rulings have classified similar phone line test devices under heading 9030 HTSUS.
Classification under heading 9031 is applicable only to devices “not specified or included elsewhere in this chapter.” The TS52 is similar to the phone line test sets that test electrical current that were classified under heading 9030 HTSUS, and may be described as an instrument for checking electrical quantity specially designed for telecommunications. Because the TS52 Pro Test Set is classifiable under 9030 HTSUS, it may not be classified under heading 9031 HTSUS.
HOLDING:
By application of GRI 1, the TS52 Test Set is classifiable under heading 9030 HTSUS. Specifically, it is classifiable under 9030.40.0000, which provides for “Other instruments and apparatus, specially designed for telecommunications.” The column one, general rate of duty is Duty Free.
Duty rates are provided for your convenience and 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.
Sincerely,
Ieva O’Rourke, Chief
Tariff Classification and Marking Branch