CLA-2 CO:R:C:G 086460 CMS
Ms. Angela Gaetano
Chief, Customs Information Exchange
U.S. Customs Service
6 World Trade Center
New York, NY 10048
RE: Edwards 8500 Fire Alarm System Entered Without
Remote Sensors And Alarms
Dear Ms. Gaetano,
This is in response to your February 25, 1987, request for
the resolution of a difference of opinion between the National
Import Specialist (NIS) in New York and the two ports of Buffalo,
New York and Detroit, Michigan, regarding certain fire alarm
system components manufactured by Edwards GS, Ontario, Canada.
FACTS:
The merchandise consists of the Edwards 8500 series fire
alarm systems entered without the remote sensors and sound
signalling devices. The 8500 series is imported in three models,
the Basic Fire Alarm System, Basic Integrated System and Basic
Multiplex System. All three models incorporate power supplies
for the central components and the remote sensors and alarms.
All three models incorporate LED displays which report various
signals to the user (e.g., a triggered smoke or fire detector,
the particular zone of the triggered sensor, whether the alarm
which sounds in a particular zone in response to the sensor has
been activated, and whether there is any trouble in the sensor
alarm circuitry). The Basic Integrated System has an amplifier
which provides a speaker source to facilitate "alert", "alarm"
and "paging" messages. The Basic Multiplex System incorporates a
Serial Link Controller which interfaces the system's CPU and
peripheral components (e.g., emergency satellite communicators
(ESAC)).
-2-
ISSUE:
Is the merchandise classified as "[b]ells, sirens,
indicator panels, burglar and fire alarms...and parts thereof" in
item 685.70, TSUS (effective 1/2/86, date of entry), or as
control panels in 685.90, TSUS (effective 1/2/86, date of entry).
LAW AND ANALYSIS:
In HQ Ruling 071612 (July 25, 1985), the central components
of a burglar alarm system were entered without the remote
sensors, bells and sirens. Various indicator light panels were
incorporated in the front of each component. The merchandise was
found to be "more than" control panels and was classified as
burglar alarms and parts thereof in item 685.70. HQ Ruling
071612 found that the articles were more than control panels
because they incorporated a substantial proportion of the
operating part of the machine controlled, and in fact were the
very essence of the burglar alarm systems.
Like the burglar alarm components in HQ Ruling 071612, the
fire alarm components under consideration incorporate a
substantial proportion of the operating part of the machine
controlled. The articles incorporate the power supply for the
remote sensors and alarms controlled. The central cabinets of
all three models incorporate indicator light panels. The Basic
Integrated System includes an amplifier which provides a speaker
source for various alarm messages. The Basic Multiplex System
incorporates a Serial Link Controller which interfaces the
system's CPU and emergency Satellite communicator (ESAC).
The issue of the applicability of HQ Ruling 074827 (July
19, 1985), has been raised. In HQ Ruling 074827, programmable
controlling mechanisms for robot arms were entered without the
arms they controlled. The merchandise was classified as control
panels in item 685.90, TSUS. Unlike the merchandise in HQ Ruling
071612, the robot arm controllers did not contain the power
supply or other substantial proportions of the operating parts of
the machines controlled. The HQ Ruling 074827 robot arm
controlling mechanisms were not more than control panels.
The Edwards 8500 series fire alarm systems, when entered
without the remote sensors and sound signalling apparatus, are
classified as "[b]ells, sirens, indicator panels, burglar and
fire alarms...and parts thereof" in item 685.70, TSUS. The
emergency satellite communicator (ESAC) is classified with the
Basic Multiplex System components when entered with those
components.
-3-
HOLDING:
The Edwards 8500 series fire alarm systems, when entered
without the remote sensors and sound signalling apparatus, are
classified as "[b]ells, sirens, indicator panels, burglar and
fire alarms...and parts thereof" in item 685.70, TSUS (effective
1/2/86, the date of entry). The emergency satellite communicator
(ESAC) is classified with the Basic Multiplex System components
when entered with those components.
Sincerely,
John Durant, Director
Commercial Rulings Division