CLA-2 CO:R:C:M 953154 MBR
District Director
U.S. Customs Service
111 West Huron St.
Buffalo, New York 14202
RE: Protest No. 0901-9X-XXXXXX; Harman Security; Glassbreak
Detector; Motion Detector; Alarm System Components; Parts;
Visual Signaling Apparatus
Dear Sir:
This is our response to Protest and request for Further Review
number 0901-9X-XXXXXX, dated September 18, 1992, regarding the
classification of "Motion Detectors" and "Glassbreak Detectors" for
alarm systems, under the Harmonized Tariff Schedule of the United
States (HTSUS).
FACTS:
The "Glassbreak Detectors" and the "Motion Detectors" were
classified by the port of Buffalo, New York, under subheading
8531.80.00, HTSUS, which provides for: "[e]lectric sound or visual
signaling apparatus...: [o]ther apparatus." Whereas, the
protestant claims that the instant merchandise is properly
classifiable under subheading 8531.90.00, HTSUS, which provides
for: "[e]lectric sound or visual signaling apparatus...: [p]arts."
The submitted descriptive information states that all
imported models of the motion detectors serve as part of an overall
burglar alarm system by detecting motion in a particular room or
zone. If motion is detected or if the closed loop wire circuit
connecting the detector to the burglar alarm system's separate
control unit is cut, the circuit is opened. The control unit,
which constantly monitors this circuit, then initiates an alarm (a)
to persons in the premises through the indicator panel or siren,
and (b) to a remote monitoring system through the digital
communicator built into the control unit.
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DSC and Harman import four versions of motion detectors.
Their DI-50 and SG-IR1 models are passive infrared motion
detectors. DSC and Harman also import an updated series of passive
infrared motion detectors called the Bravo Series. All models of
the Bravo series utilize passive infrared technology to detect
motion in a protected zone. Model F2-100 is a combination passive
infrared and microwave motion detector. Both sensors must be
tripped at the same time before an alarm is registered. The motion
detectors do not contain any independent sound or visual signalling
capability during normal operation.
DSC and Harman also import a DG-50 model glassbreak detector.
The DG-50 is a passive detector designed to listen for the specific
sonic frequencies associated with breaking glass. Both types of
passive detectors are monitored by the separate control unit and
when a hazard is detected, the control unit initiates an alarm
through the various sound and visual signaling devices attached to
the control unit.
ISSUE:
What are the classifications of "Glassbreak Detectors" and
"Motion Detectors" for alarm systems, under the Harmonized Tariff
Schedule of the United States (HTSUS)?
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part:
...classification shall be determined according to
the terms of the headings and any relative section
or chapter notes....
HQ 088891, dated June 21, 1991, determined that bulk shipments
of the instant merchandise "would not be considered to have the
essential character of a complete home alarm system, because they
are apparently nothing more than disparate components shipped in
bulk form." Furthermore, HQ 088891 held that "[i]f the 'upgrade
kits' (consisting of up to 8 Alphanumeric HSPs and Alphanumeric
Adapter Boards) are goods put up in sets for retail sale, they are
determined to have the essential character of the Alphanumeric
HSPs."
HQ 088595, I/A 4/91, dated September 12, 1991, held that a
"control panel" printed circuit board without the keypad, was
classifiable under subheading 8531.90.00, HTSUS, which provides
for: "[e]lectrical sound or visual signaling apparatus (for
example, bells, sirens, indicator panels, burglar or fire alarms),
other than those of heading 8512 or 8530; parts thereof: [p]arts."
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HQ 950440, dated January 7, 1992, held that the control panel
boards for systems 1500, 1500e MOD II, 2000e, and 6000 were
similarly classifiable under subheading 8531.90.00, HTSUS.
HQ 950440 also held that infrared detectors, incorporating RF
transmitters, are composite machines. The principal function is
determined to be that of detection for an alarm system. Therefore,
pursuant to Section XVI, Legal Note 3, the infrared detectors
incorporating RF transmitters are classifiable in subheading
8531.90.00, HTSUS.
The instant motion detectors and glassbreak detectors are not
merely apparatus classifiable in heading 8537, HTSUS, which
provides for: "[b]oards, panels (including numerical control
panels), consoles, desks, cabinets and other bases, equipped with
two or more apparatus of heading 8535 or 8536, for electric control
or the distribution of electricity, including those incorporating
instruments or apparatus of chapter 90, other than switching
apparatus of heading 8517." These units are complete alarm system
components incorporating infrared and, in the F2-100 model,
microwave motion detectors, an LED for testing, a tamper switch,
and a switching mechanism to open the circuit when motion is
detected. As such, they do not fall within the limited scope of
heading 8537, HTSUS.
However, NY 847616 dated December 13, 1989, held that model
DG-50 Glassbreak Detectors were classifiable in subheading
8531.80.00, HTSUS, which provides for: "[e]lectric sound or visual
signaling apparatus...: [o]ther apparatus." Thus, it has been
argued that the instant glassbreak detectors are functional items,
having built-in alarms, and do not depend on an outside source to
become functional. However, the glassbreak detectors do not, in
fact, contain any independent sound or visual signaling capability
during normal operation.
The instant motion detectors also do not contain any
independent sound or visual signalling capability during normal
operation (they do contain an LED which is used only for
calibration during setup). In fact, it is the control unit that
initiates an alarm through the various sound and visual signaling
devices attached to the control unit. Therefore the instant motion
detectors are classifiable in subheading 8531.90.00, HTSUS, which
provides for: "[e]lectrical sound or visual signaling apparatus
(for example, bells, sirens, indicator panels, burglar or fire
alarms), other than those of heading 8512 or 8530; parts thereof:
[p]arts."
The Glassbreak detector is a passive detector designed to
listen for the specific sonic frequencies associated with breaking
glass. Both types of passive detectors are monitored by the
separate control unit and when a hazard is detected, the control
unit initiates an alarm through the various sound and visual
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signaling devices attached to the control unit. Again, the DSC's
Glassbreak detector does not contain any sound or visual signaling
capability that is utilized during operation. It does contain an
LED which is used exclusively to test the unit during installation.
Therefore the instant Glassbreak detectors are classifiable
in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical
sound or visual signaling apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms), other than those of
heading 8512 or 8530; parts thereof: [p]arts."
It has also been argued that the only components of alarm
systems that relate to heading 8531, HTSUS, are the "alarms"
themselves. We disagree with limiting the scope of heading 8531,
HTSUS, to such a Draconian degree. Clearly the term "Burglar or
fire alarms" is intended to include systems consisting of different
components, thereby encompassing parts of those systems under the
parts provision.
HOLDING:
DSC and Harman import four versions of motion detectors. The
DI-50 and SG-IR1 models are passive infrared motion detectors. DSC
and Harman also import an updated series of passive infrared motion
detectors called the Bravo Series. All models of the Bravo series
utilize passive infrared technology to detect motion in a protected
zone. The DSC and Harman motion detectors are classifiable
in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical
sound or visual signaling apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms), other than those of
heading 8512 or 8530; parts thereof: [p]arts."
The DSC and Harman DG-50 Glassbreak detectors are classifiable
in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical
sound or visual signaling apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms), other than those of
heading 8512 or 8530; parts thereof: [p]arts."
The protest should be allowed in full. A copy of this
decision should be attached to the Customs Form 19 and provided to
the protestant as part of the notice of action on the protest.
EFFECT ON OTHER RULINGS:
For the reasons stated above, NY 847616, dated December 13,
1989, is revoked under authority of section 177.9(d), Customs
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Regulations, to reflect that the DG-50 "Glassbreak Detector" is
properly classifiable under subheading 8531.90.00, HTSUS.
Sincerely,
John Durant, Director