CLA-2 CO:R:C:M 089928 MBR
Mr. Karl Thompson
Communications Manufacturing Company
2234 Colby Ave.
Los Angeles, CA 90064
RE: Communications Manufacturing Company; Telephone Hand Test
Set; Electrical Apparatus For Line Telephony; Measuring;
Checking; Instrument; Machine; Apparatus
Dear Mr. Thompson:
This is in reply to your letter of May 22, 1991, on behalf
of the Communications Manufacturing Company, requesting
classification of "Telephone Test Equipment," under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The Communications Manufacturing Company (CMC) models 7770,
7777, 7779, 7900, and 7900S, are all telephone hand test sets
similar to the "Telephone Lineman's Test Set" ruled upon in HQ
089594, dated September 26, 1991. They resemble large telephone
receivers with a "dumbbell" shape and a mouthpiece on one end and
earpiece on the other end. Many models have both rotary and tone
dialing capabilities. The instant merchandise has some, if not
all, of the following features: monitoring (regular), monitoring
(high-level), tracing tone, loop and leak pulsing, tip parity
identification, ground start, and a polarity tester.
These test sets are designed for use as test equipment in
outside plant installation and repair, central office frame and
switch train testing, PABX and station equipment installation,
and trouble isolation.
These articles are not equipped with a standard telephone
jack, and must be connected to telephone contacts or wires such
as those accessible to telephone repair technicians. They can be
used to test lines to see if they are in working order by
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clipping onto the contacts for the lines and making an outgoing
call. There is no bell or buzzer to signal an incoming call.
The article can also be used to test polarity, and to "butt in"
to an ongoing call to check for static or other irregularities.
ISSUE:
Are the CMC telephone hand test sets classified in Heading
8517, HTSUSA, as electrical apparatus for line telephony, or in
Heading 9031, HTSUSA, as checking instruments, appliances and
machines, not specified or included elsewhere in Chapter 90?
LAW AND ANALYSIS:
The Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) provides that the classification of articles
is governed by the General Rules of Interpretation (GRI's). GRI
1 states in pertinent part:
"...classification shall be determined according to the
terms of the headings and any relative section or chapter
notes...."
Heading 8517, HTSUSA, provides for electrical apparatus for
line telephony. Whereas, heading 9031, HTSUSA, provides for
checking instruments, appliances and machines, not specified or
included elsewhere in chapter 90.
However, heading 8517, HTSUSA, is in Section XVI. Section
XVI, Legal Note 1(m), provides that Section XVI does not cover
articles of chapter 90. Therefore, if the telephone test sets
are classifiable in a chapter 90 heading, such as heading 9031,
then section XVI, Legal Note 1(m) requires classification in that
heading.
The Court in United States v. Corning Glass Works, 66 CCPA
25, 27, 586 F. 2d 822, 825 (1978), quoting Webster's Third New
International Dictionary, 381 (1971) stated:
"Check" is defined as "to inspect and ascertain the
condition of esp. to determine that the condition is
satisfactory: * * * investigate and ensure accuracy,
authenticity, reliability, safety or satisfactory
performance of * * * : to investigate and make sure
about conditions or circumstances * * *."
The "test sets" under consideration are certainly used to
check whether the condition of telephone lines are satisfactory,
and to investigate and assure the proper working order of the
lines.
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A telephone technician could use any of the sets as a
conventional telephone set by making an outgoing call to anyone
he or she chooses. However, this is not the principal use of
the class or kind of testing merchandise to which these articles
belong. Additional U.S. Rule of Interpretation 1(a), HTSUSA.
Considering the special design features of these articles
and their uses in checking telephone lines, we find that their
principal use is as a checking instrument, apparatus or machine.
It is important to note that other CMC telephone line test
equipment has been properly classified in subheading 9030.40.00,
HTSUSA, which provides for: "[o]scilloscopes, spectrum analyzers
and other instruments and apparatus for measuring or checking
electrical quantities...: [o]ther instruments and apparatus,
specially designed for telecommunications (for example, cross-
talk meters, gain measuring instruments, distortion factor
meters, psophometers)." See NY 864957, dated July 29, 1991, NY
864960, dated July 29, 1991, NY 864992, dated July 29, 1991.
These where found to be "instruments and apparatus for measuring
or checking electrical quantities." Whereas, this is not the
principal function of the instant telephone test equipment.
Therefore, the instant merchandise is classifiable in
subheading 9031.80.00, HTSUSA, which provides for: "[m]easuring
or checking instruments, appliances and machines, not specified
or included elsewhere in this chapter: [o]ther instruments,
appliances and machines." See HQ 089594, dated September 26,
1991, for a similar ruling regarding similar merchandise.
HOLDING:
The Communications Manufacturing Company (CMC) models
7770, 7777, 7779, 7900, and 7900S, are all telephone hand test
sets similar to the "Telephone Lineman's Test Set" ruled upon in
HQ 089594, dated September 26, 1991, and are therefore
classifiable in subheading 9031.80.00, HTSUSA, which provides
for: "[m]easuring or checking instruments, appliances and
machines, not specified or included elsewhere in this chapter:
[o]ther instruments, appliances and machines."
Sincerely,
John Durant, Director
Commercial Rulings Division