Communications Manufacturing Company; Telephone Hand Test Set; Electrical Apparatus For Line Telephony; Measuring; Checking; Instrument; Machine; Apparatus

HQ 089928 November 6, 1991 CLA-2 CO:R:C:M 089928 MBR CATEGORY: Classification TARIFF NO.: 9031.80.00 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 -2- 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. -3- 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