CLA-2 CO:R:C:G 554810 HP
District Director of Customs
U.S. Customs Service
909 First Avenue
Room 2039
Seattle, WA 98174
RE: Protest No. 30046-000241 of October 23, 1986 and request for
further review filed by the Law Offices of Bellsey and Baker on
behalf of Mobile Data, Inc., Richmond, British Columbia, Canada
Dear Sir:
Protest and request for further review were timely filed
against your liquidation of entry numbers -- and -
- covering shipments of mobile data terminals, parts and
peripherals.
FACTS:
The instant merchandise consists of two types of MDI model
data terminals, Models 7031 and 9031, and parts thereof, imported
separately, and Models 7031 and 9031 imported together with
mobile
radio transmission and reception apparatus.
Model 9031
Model 9031 is a Z80 microprocessor-based mobile
terminal,
9.9 x 10.6 x 7.9 inches, 7.7 pounds. It features a 40 kilobytes
(KB) Read Only Memory (ROM), a 20 KB Random Access Memory (RAM),
a full alpha-numeric keyboard, a panel consisting of twelve
programmable function (PF) keys, a 320 character, five inch
diagonal alpha-numeric/graphic cathode ray tube (CRT) amber
display, and an integral 4800 bits per second (BPS) modem
enabling
the 9031 to communicate with a separate central computer.
The 9031 is designed for use in police, fire, ambulance and
other public safety applications, courier pick-up and delivery
services, electric and gas utilities, and materials handling.
The
9031 can be configured both for use in different types of systems
,
and for individual uses within a single system. This
configuration
can include the use of user-specified messages, up to sixteen
fill-
in forms, and programs to establish operational and message
priorities. The 9031 allows the user direct access to the
central
computer, both for input and output. The importer claims that
the
9031 performs in its off-line status over 90% of the time,
entering
messages, reports and information for later output to the central
computer.
Model 7031
Model 7031 is a less diverse Z80 microprocessor-based
mobile terminal, 2.6 x 11.4 x 5.5 inches, 2.75 pounds, designed
primarily for use as part of an automated taxi dispatch system.
It contains 16 KB RAM, 40 KB ROM, a two-line by 40 characters
backlit non-reflective LCD display protected by a Lucite| window,
and a 24 key input panel. It incorporates a 4800 BPS modem to
allow the user to communicate with, upload information to, and
secure information from, the main database.
Similar to the 9031, the 7031 can be configured both for
standard communications, and for certain types of messages. Due
to its small size, however, use of the 7031 is essentially
limited
to established, pre-defined procedures.
Models 9031 & 7031
Each model requires the central computer and database
to
operate as part of an overall information system. The
information
produced by the system includes specific messages between the
remote terminals and the central database, and detailed manage
ment
reports based upon the performance of the system components.
Both models require either an external mobile radio transmis
sion and reception apparatus, or a wire link (radio link usage
predominates), in order to communicate with the central
processing
unit. If the systems have an existing mobile radio setup, only
the
terminal will be installed in the vehicle, with an interface from
the terminal's modem output into the existing radio. Alternative
ly, the terminals are sold as part of a complete system, imported
with radios already containing the necessary interface components
.
When the radios and terminals are imported together, they
will
be physically separate devices. They may be designed, however,
to
attach to a common mounting unit via electric cables.
ISSUE:
Whether the mobile data terminals (MDTs) are classifiable as
other data processing machines under Item 676.15, other machines
under Item 678.50, or radio transmission and reception apparatus
under Item 685.28, under the Tariff Schedules of the Unites
States
(TSUS)?
LAW AND ANALYSIS:
The doctrine of use, wherein classification under a use
provision prevails over a more general provision, "is a
convenient
rule of thumb for resolving issues where the competing provisions
are otherwise in balance." United States v. Electrolux Corp., 46
C.C.P.A. (Customs) 143, C.A.D. 718 (1959). Where use is a
consideration in the construction of a tariff provision, what is
contemplated is chief use. Novelty Import Co., Inc. v. United
States, 54 Cust. Ct. 43, C.D. 2506 (1965). Even if such use is
not
exclusive, occasional divergent use would not remove the article
from classification under the specific provision covering it in
its
primary use. See Vandiver v. United States, 1 C.C.A. 194, T.D.
31219 (1911).
As we described above, the MDTs are chiefly, if not solely,
used in mobile radio-telephonic communications systems. The
importer's advertisements even state that
[w]e've designed a portable communications
device that can bring computer data to a
business person high in an office tower, or
just walking down the street. * * * Real-
time, wireless data communications is what
we're all about. [Emphasis added.]
Any data processing functions performed by the MDTs are
merely
an aid to efficient communications. See HQ 075992 JGB of
December
26, 1985 (addition of function does not alter principal function
of device, nor is additional function integral to sending/
receiving
function of device).
HOLDING:
As a result of the foregoing, the MDTs and their parts are
classifiable under Item 685.28, TSUS, as radiotelegraphic and
radiotelephonic transmission and reception apparatus, etc.,
radiotelegraphic and radiotelephonic transmission and reception
apparatus; radiobroadcasting and television transmission
apparatus,
and parts thereof, other, other transmission apparatus incorporat
ing reception apparatus, other, other. You should DENY this
protest in full. A copy of this decision should be forwarded to
the law firm of Bellsey & Baker.
Sincerely,
John Durant, Director
Commercial Rulings Division