CLA-2 CO:R:C:M 952812 MBR
Mr. Terry Gartman
Lodestar Technology Inc.
3101 Maguire Blvd., Suite 251
Orlando, Florida 32803
RE: ISDN Teleset; Voice and Data Transmission; ISDN Personal
Computer Adapter; Network Interface Board; Automatic Data
Processing Machine; Telephone Set; 8471; 8517;
Dear Mr. Gartman:
This is in reply to your letter of September 8, 1992, on
behalf of Lodestar Technology Inc., regarding the classification
of the "ISDN Teleset" and the "ISDN Personal Computer Adapter,"
under the Harmonized Tariff Schedule of the United States (HTSUS).
Your letter was forwarded to this office for reply.
FACTS:
The two articles at issue are the "ISDN Teleset" and the "ISDN
PC Adapter."
The "ISDN Teleset" is essentially a telephone set integrated
with a data interface. Therefore, it is possible to simultaneously
use this telephone for voice transmission as well as data
transmission. The telephone set provides all of the standard
advanced telephone features such as "hold," "conference," "drop,"
"last number redial," etc. The Teleset also has a 40 X 4 character
LCD display for messaging such as caller ID, calendar, clock, etc.
The "ISDN PC Adapter" is designed to be incorporated into a
personal computer. It performs packet switching of data using X.25
protocol and circuit switching of data using either X.25 or V.120
protocols. It is also possible to attach an analogue telephone to
the B-Channel using the RJ-11 connector jack on the adapter's back
bracket.
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ISSUE:
Are the "ISDN Teleset" and the "ISDN PC Adapter" classifiable
under heading 8517, HTSUS, which provides for: "[e]lectrical
apparatus for line telephony or telegraphy, including such
apparatus for carrier-current line systems," or are they
classifiable under heading 8471, HTSUS, which provides for:
"[a]utomatic data processing machines and units thereof"?
LAW AND ANALYSIS:
Since the HTSUS came into effect there has been a great deal
of controversy regarding the classification of ADP data
transmission and reception apparatus. However, there is no clear
classification guidance from either the HTSUS or the Harmonized
Commodity Description and Coding System Explanatory Notes (ENs),
primarily due to the technological advancements in this area.
The instant ISDN PC Adapter is a plug-in card that is inserted
into an XT, AT or compatible PC and attaches to an ISDN basic rate
interface. "ISDN" stands for Integrated Services Digital Network.
The ISDN PC Adapter card integrates various data transmission and
reception (such as data, facsimile, and image) and voice
transmission, into a specialized digital transmission network. The
Computer Glossary, Fourth Edition, Alan Freedman (1989), defines
a "Local Area Network," "Baseband," and "Broadband Network" as
follows:
A local area network is a communications network that serves
several users within a confined geographical area. Although
the term may refer to any communications network within a
building or plant, it typically refers to the interconnection
of personal computers.
Personal computer local area networks function as distributed
processing systems in which each computer, or node, in the
network does its own processing and manages some of its data.
Shared data is stored in a high-performance pc in the network,
called a file server or network server, which acts as a remote
disk drive to all the users in the network.
The printers that are attached to the network can function on
a first-come, first-served basis, or they can be connected to
a computer, called a print server, which collects the print
output and feeds it to the printer one job at a time.
A local area network is the backbone of office automation and
allows electronic mail and other information to be
communicated between all users of the system. Local area
networks are becoming essential for small work groups that
enter, share and exchange the same information.
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With the use of a gateway, local area networks can connect to
minicomputer and mainframe networks.
BASEBAND NETWORKS
Baseband networks are all digital networks that require
information in digital form. Examples are ARCNET, Token Ring,
Ethernet and Starlan. All of these networks are driven by
network management software that resides in the file servers
and the work stations. Examples of network software are
Microsoft's NetBIOS and LAN Manager, Apple Talk, TPC/IP and
Novell's NetWare.
BROADBAND NETWORKS
Broadband networks use carrier frequencies and can handle
voice and video transmission as well, for example, Wang
Computer's WangNET.
Customs first held that LAN boards were classifiable under
heading 8471, HTSUS, because the submitted information was
persuasive that the LANs' principal function was that of data
processing (See HQ 086105, dated May 7, 1990).
Section XVI, Legal Note 3, provides direction for the
classification of machines with more than one function. It states:
Unless the context otherwise requires, composite machines
consisting of two or more machines fitted together to form a
whole and other machines adapted for the purpose of performing
two or more complementary functions are to be classified as
if consisting only of that component or as being that machine
which performs the principal function. (Emphasis added).
There has been no dispute that LANs have two complementary
functions, i.e., transmission and data processing. Therefore, the
issue has been one of which performs the principal function.
Subsequent to HQ 086105, it was determined that the principal
function of the LANs was that of data transmission, and were
classifiable under heading 8517, HTSUS, which provides for:
"[e]lectrical apparatus for line telephony or telegraphy."
However, Legal Note 5(B) to chapter 84, HTSUS, provides
guidance regarding units of automatic data processing machines.
It states:
Automatic data processing machines may be in the form of
systems consisting of a variable number of separately housed
units. A unit is to be regarded as being a part of the
complete system if it meets all of the following conditions:
(a) It is connectable to the central processing unit either
directly or through one or more other units; and
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(b) It is specifically designed as part of such a system (it
must, in particular, unless it is a power supply unit,
be able to accept or deliver data in a form (code or
signals) which can be used by the system).
It was argued that the networking boards were essential to the
ADP systems they serve because they process and format the data of
the computers they serve. We now agree. In fact, in the future,
LAN boards or their antecedents may be incorporated into PCs at the
time of manufacture. Apparently, the only reason they are not
presently incorporated at manufacture is because of the myriad of
different types of LAN systems, which cannot necessarily
communicate or interact with each other. Therefore, end users must
choose the type of LAN system that best suits their needs.
It is also important to note that the ENs, page 1299-1300,
describe separately presented ADP units as follows:
This heading also covers separately presented constituent
units of data processing systems. Constituent units are those
defined in Parts (A) and (B) above as being parts of a
complete system.
Apart from central processing units and input and output
units, examples of such units include:
(4) Control and adaptor units such as those to effect
interconnection of the central processing unit to other
digital data processing machines, or to groups of input
or output units which may comprise visual display units,
remote terminals, etc.
This category includes channel to channel adapters
used to connect two digital systems to each other.
(5) Signal Converting units. At input, these enable an
external signal to be understood by the machine, while
at output, they convert the output signals that result
from the processing carried out by the machine into
signals which can be used externally.
The instant ISDN PC Adapter does in fact effectuate
interconnection of the CPU unit to other units or ADP machines,
thereby serving control and adaption functions, as well as
performing signal conversion. We find these ADP functions to be
the principal function.
Our diligent fact finding, and research and analysis of this
issue, has been continually ongoing. Therefore, we have learned
more about this type of merchandise, its functions, and its
geometrically progressive technological developments. Furthermore,
we have consulted with the Customs Administrations of other
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countries regarding their legal analysis of this issue. We have
found that a substantial majority of other Administrations are
classifying this merchandise in heading 8471, of the HS. While the
views of the other Administrations are not binding on the U.S.
Customs Service, they were useful in the analysis of this issue.
Therefore, it is now our conclusion that the data processing
features do in fact represent the principal function of the ISDN
PC Adapter, directing classification in subheading 8471.99.15,
HTSUS, which provides for control or adapter units.
However, the "ISDN Teleset" is quite different merchandise.
It is a telephone set that also integrates two RS232 ports for
asynchronous and synchronous data communications. Therefore, the
ISDN Teleset is also a "machine adapted for the purpose of
performing two or more complementary functions." You have provided
no data regarding principal function, however, it is Customs
position that this is simply an advanced telephone set that
provides the user with additional features for expanded use. We
can envision a time not that far in the future when all telephone
sets will have a data port to facilitate the transmission and
reception of data. Therefore, the function of the telephone set
is found to impart the principal function. Thus, the "ISDN
Teleset" is classifiable in subheading 8517.10.00, HTSUS, which
provides for: "[e]lectrical apparatus for line telephony or
telegraphy, including such apparatus for carrier-current line
systems: [t]elephone sets."
HOLDING:
The instant ISDN PC Adapter is classifiable under subheading
8471.99.15, HTSUS, which provides for: "[a]utomatic data processing
machines and units thereof: [o]ther: [o]ther: [c]ontrol or adapter
units." The rate of duty is Free.
The "ISDN Teleset" is classifiable in subheading 8517.10.00,
HTSUS, which provides for: "[e]lectrical apparatus for line
telephony or telegraphy, including such apparatus for carrier-
current line systems: [t]elephone sets." The rate of duty is 8.5%
ad valorem.
Sincerely,
John Durant, Director