HQ 955347: Digital Telephone Ringer; Sound Signalling Device; Telephone Bell; ENs 85.31 and 85.17

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 955347

                        February 18, 1994

CLA-2 CO:R:C:M 955347 RFA

CATEGORY:  Classification

TARIFF NO.: 8531.80.80

Mr. Stephen Poland
Amuze Technologies
7902 Ellipse Parkway
Fishers, IN  46038

RE:  Digital Telephone Ringer; Sound Signalling Device; Telephone
     Bell; ENs 85.31 and 85.17

Dear Mr. Poland:

     In a letter dated September 20, 1993, to the Customs
District Director in Cleveland, Ohio, you inquired as to the
tariff classification of digital telephone ringers under the
Harmonized Tariff Schedule of the United States (HTSUS).  Your
letter was referred to this office for a response.

FACTS:

     The merchandise, which is made in Hong Kong and is referred
to as a digital telephone ringer, is a novelty device which
connects to the telephone line and plays digitally stored
messages and/or sound effects each time the telephone rings.  The
digital messages are programmed by the manufacturer and cannot be
changed by the consumer.  Messages include sound themes such as
Halloween and Christmas sounds.   The digital telephone ringer
operates on 2 AA-batteries (not included).

     When the device is plugged into the telephone jack and a
telephone is plugged into the device, the device will prevent the
existing telephone bell from ringing, and announce that there is
a telephone call by playing one of the digitally stored messages. 
The device will play the message each time the telephone rings. 
If the batteries die, the device will automatically let the
existing telephone ring.  The device will also work with
answering machines and voice mail systems.

ISSUE:

     Is the digital telephone ringer classifiable as a part of a
telephone or as a sound signalling apparatus under the HTSUS? 



LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.

     In your letter, you indicate that the subject merchandise is
designed to signal the consumer by use of the digital message
that the telephone is ringing.  The product thereby functions in
the place of the telephone bell.  Telephone apparatus is
generally provided for under heading 8517, HTSUS.

     The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Cooperation
Council's official interpretation of the HTSUS.  While not
legally binding, the ENs provide a commentary on the scope of
each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings. See 54 Fed.Reg. 35127,
35128 (August 23, 1989).  EN 85.17(A), page 1361, states that
when bells are separately presented, they are classified in
heading 8531, HTSUS.  

     Therefore, classification under heading 8517, HTSUS, is
precluded because the subject merchandise, which is imported
separately from a telephone, is designed to function in the place
of a telephone bell.  

     Heading 8531, HTSUS, provides for electric sound or visual
signalling apparatus (for example, bells, sirens, indicator
panels, burglar or fire alarms), other than those of heading 8512
or 8530; parts thereof.  EN 85.31, page 1381, states as follows:

          With the exception of signalling apparatus used on
     cycles or motor vehicles. . . and that for traffic
     control on roads, railways, etc. . . ., this heading
     covers all electrical apparatus used for signalling
     purposes, whether using sound for the transmission of
     the signal (bells, buzzers, hooters, etc.) . . . , and
     whether operated by hand. . . or automatically. . . . 

     Based upon the wording of the heading and EN 85.31, we find
that the digital telephone ringer is a sound signalling
apparatus.  It is classifiable under subheading 8531.80.80,
HTSUS, which provides for other electric sound or visual
signalling apparatus.

 HOLDING:

     The digital telephone ringer is classifiable under
subheading 8531.80.80, HTSUS, which provides for: "[e]lectric
sound or visual signalling apparatus. . .: [o]ther apparatus:
[o]ther. . . .  The general, column one rate of duty is 2.7
percent ad valorem.  

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division