Ms. Jena hooks
Traffic/Customs Compliance Manager
Uniden Financial, Inc.
4700 Amon Carter Blvd.
Ft. Worth, TX 76155
RE: The tariff classification of Uniden Windows Live( Messenger Phone from China
Dear Ms. Hankins:
In your letter dated July 25, 2006, you requested a tariff classification ruling.
The merchandise subject to this ruling is a Uniden Windows Live( Messenger Phone. It is identified within your letter as a “WIN 1200.”
In its imported condition, the Uniden Windows Live( Messenger Phone (“WIN 1200”) consists of a cordless telephone handset, a line-connection base unit, an AC adapter, a USB cable, a nickel metal hydride (NiMH) battery pack, and a telephone handset belt clip attachment. The “WIN 1200”, Uniden Windows Live( Messenger Phone, is a 5.8 GHz, 2-line, digital cordless-handset telephone with a line-connection base unit.
Line 1 of the “WIN 1200” utilizes a single telephone land-line standard Public System Telephone Network (PSTN)), for the home or office, and features a full telephone keypad handset with all standard functions. The cordless telephone handset has a liquid crystal display (LCD) to indicate stored telephone numbers, programmable calendar, Caller ID, and certain Uniden Windows Live( data. The line-connection base unit is designed to recharge the battery within the cordless telephone handset and act as the reception apparatus for land-lined telephone calls, as well as PC (personal computer) to PC calls. The line-connection base unit contains the power, land-line, and USB connectors. The “WIN 1200” must be connected to an active wall jack to make regular telephone calls and can function as a regular cordless handset telephone without an Internet connection.
Line 2 of the “WIN 1200” acts as an interface to the Messenger client allowing the user to make free PC-to-PC calls to other Windows Live( Messenger users, and make low-cost Internet calls to regular telephone numbers via Windows Live( Web Calling. In order to use the Internet features, the user must have Microsoft( Windows( XP, an active broadband Internet connection, and an account with Windows Live( Messenger 8.0 software. PC-to-PC calls and Web Calls can only be made when the phone is connected to a computer (via the USB cable). When in Windows Live( Messenger mode, the LCD displays the Windows Live( function, which can be navigated by the user by utilizing the handset “soft keys” and joystick. The “WIN 1200” must have an active Internet connection to make PC-to-PC and Web Calls and can function as an interface to the Messenger client without a PSTN line.
You suggested Harmonized Tariff Schedule (HTS) subheading 8517.50.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus for line telephony or line telegraphy, … Other apparatus, for carrier-current line systems or for digital line systems: Other: Telephonic.” However, The Uniden Windows Live( Messenger Phone (“WIN 1200”) is a lined telephone set with a wireless handset, provided for under subheading 8517.11.0000. Therefore, the Uniden Windows Live( Messenger Phone (“WIN 1200”) is not “Other apparatus for carrier-current line systems or for digital line systems: Other: Telephonic” of 8517.50.5000. As such the appropriate subheading for the Uniden Windows Live( Messenger Phone is 8517.11.0000 as a telephone set with cordless handset.
The applicable subheading for the Uniden Windows Live( Messenger Phone (“WIN 1200”) will be 8517.19.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical apparatus for line telephony or line telegraphy including telephone sets with cordless handsets…Telephone sets; videophones: Other: Other: Multiline (including key, call director and consoles)." 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.
Robert B. Swierupski