CLA-2-85:OT:RR:NC:N1:109

Ms. Wanda Raper
Trade Compliance
Harris Corporation
221 Jefferson Ridge Parkway
Lynchburg, VA 24501

RE: The tariff classification of a P73XX portable digital two-way radio from Japan

Dear Ms. Raper:

In your letter dated January 25, 2010 you requested a tariff classification ruling.

The merchandise subject to this ruling is a P73XX portable digital two-way radio. The product literature also refers to it as a P7300 Portable UHF-H. It is a portable two-way communications device with multi-mode functionality, providing digital voice and IP data. A sample of the P7300 two-way radio was submitted for classification purposes and is being returned as per your request.

The P7300 two-way radio uses a high speed digital signal processor and RF components to support multiple applications. It operates in the UHF band and combines digital and analog operation in one radio. Advanced digital trunking features support voice group calls, priority scanning, pre-emptive emergency calls, and performs autonomous roaming for wide area applications. Although this device is called a radio, it is not a radio broadcasting device, but rather a two-way communication device for use on closed proprietary public safety or public service networks. The product literature depicts use of the P7300 two-way radio by firefighters, police officers, and job-site foreman.

The operation of this device is configurable by the customer/user and can be configured to communicate with multiple people. However, all users need to register on the customer’s system before they will be capable of transmitting or receiving on the system. It is similar to a walkie talkie device, but includes additional features to support operation on public safety and public service networks and to secure those networks from intruders. The P7300 secures those networks because it contains a configuration referred to as a personality, which is stored in non-volatile radio memory. The personality defines its operation within a given network; public safety and/or public service. The personality acts as a lock to prevent unauthorized users from programming radios or accessing the system. In certain networks, the personality can be updated over the air to invite additional users or to terminate access.

The applicable subheading for the portable P73XX digital two-way radio (P7300 Portable UHF-H) will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other." The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Linda M. Hackett at (646) 733-3015.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division