CLA-2 CO:R:C:M 951095 AJS
District Director
U.S. Customs Service
P.O. Box 2450
San Francisco, CA 94126
RE: Protest 2809-89-001842; Channel adapter pedestal assembly;
item 676.54; item 684.66; General Headnote 10(ij).
Dear Sir:
Protest for further review number 2809-89-001842, dated
September 13, 1989, was filed against the tariff classifi- cation
of a "Channel Adapter Pedestal Assembly" (channel adapter) within
item 684.66, Tariff Schedules of the United States (TSUS).
FACTS:
The channel adapter is described as a "data communi- cations
product" in the submitted literature. It is a printed circuit
board assembly which allows a Sun system to communicate with an
IBM mainframe. The channel adapter translates and transmits
data from the Sun system to the IBM system.
ISSUE:
Whether the subject channel adapter is classifiable within
item 684.66, TSUS, which provides for telegraphic terminal
apparatus (including teleprinting and teletypewriting machines);
or classifiable within item 684.67, TSUS, which provides for
"other" telegraphic apparatus; or classifiable within item
676.54, TSUS, which provides for parts of automatic data
processing machines.
LAW AND ANALYSIS:
Item 684.66, TSUS, provides for telegraphic terminal
apparatus. We have previously ruled that similar channel
devices are classifiable as telephonic apparatus when
-2-
they involve the transmission of both speech and data. HQ 085661
(2/15/90). In addition, we also stated that telegraphic
apparatus involve the transmission of only data. While HQ 085661
was decided under the Harmonized Tariff Schedule of the United
States, we consider it instructive inasmuch as the interpretation
of a similar provision was at issue. The subject channel adapter
is described as a "data communications product" which involves
the transmission of data. Accordingly, it is properly
classifiable as a type of telegraphic apparatus. However, it
does not satisfy the description of terminal apparatus inasmuch
as it is located between different terminals or end points (e.g.,
teleprinting or teletypewriting machines) of a communications
system. Instead, the channel adapter is described within item
684.67, TSUS, which provides for "other" telegraphic apparatus.
Item 674.54, TSUS, provides for parts of ADP machines. The
protestant contends that the subject channel adapter satisfies
this description. However, a provision for "parts" of an article
does not prevail over a specific provision for such part.
General Headnote 10(ij). As discussed previously, the subject
channel adapter is provided for within item 684.67, TSUS.
Furthermore, we also rejected the classification of similar
channel devices as ADP equipment in HQ 085661. Therefore, the
subject channel adapter is not properly classifiable within item
674.54, TSUS.
HOLDING:
The subject channel adapter is classifiable within item
684.67, TSUS, which provides for "other" telegraphic apparatus.
Since reclassification of the merchandise as indicated above
would result in no net duty reduction, you should deny the
protest in full. A copy of this decision should be attached to
the Customs Form 19 and mailed to the protestant as part of the
notice of action on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division