CLA-2-90:OT:RR:NC:N4:405
Mr. Gareth Page Kipco Consulting Ltd. Sunnyvale
Southam Road Dunchurch
Warwickshire
CV22 6NW United Kingdom
RE: The tariff classification of a people counter from the European Union
Dear Mr. Page:
In your letter dated March 23, 2010, on behalf of InfraRed Integrated Systems, Ltd., you requested a tariff classification ruling.
In your submission you describe a product known as a “people counter”, a device designed to be used at the entrances, exits, and other locations within a building. The device is used to establish how many people have entered or exited a building, as well as how many people may be in a particular location within the building at a given time.
With your submission you included several ruling letters issued by Great Britain’s Customs Service (HM Revenue and Customs) to InfraRed Integrated Systems. These letters cover the people counter and its component parts, and include detailed descriptions of each. You state that the letters from British Customs cover the same merchandise at issue in your ruling request.
The people counter consists of a thermal array detector and a Smartline Data Interface (SDI) box. The thermal array detector operates by detecting the heat emitted by a person as infrared radiation. The detector sends this information to the SDI box, which converts the information into data that can be displayed on a screen, printed, or combined with information taken from other detectors to generate reports. The thermal array detectors are designed to be placed at the entrances and exits of indoor areas (such as shopping malls, museums, casinos, etc) to track how many people have passed through. Multiple detectors can be used for large spaces, and up to 30 detectors can be networked to one SDI box. You state that the people counter will be imported as a complete unit (detectors and an SDI box), but there will be instances where the individual components may be imported separately. The thermal array detector is the device that can detect the heat emitted by people as infrared radiation. The sensors of the device are contained in an ABS plastic enclosure, which also holds an array sensor board, a signal processing board, and an optical interface/communications board. The sensors in the array acquire the thermal signals from any individual within its field of view. Based on the description provided, it seems the thermal array detector can identify objects with human characteristics, and keep a running count of how many pass within its field of view. The array then digitizes this information and sends it to an external device (in this case the SDI), which will further analyze the data and combine it with information taken from the other arrays with which it is networked. The thermal array detector is only capable of identifying heat sources, it cannot measure the temperature of these sources.
The SDI box is described as a self-contained unit consisting of a solid-state flash drive, memory, and a motherboard. The device is not freely programmable. The SDI box gathers data from a number of thermal array detectors (as said above, it can be networked with up to 30) and formats it for real-time display and end of day reports. The type of reports it will generate will vary depending on the environment in which it is installed. For example a shopping mall may generate reports on how many people enter through a particular set of doors, while a supermarket may want to track the number of customers in each checkout line. You do not specify how the SDI receives the data from the array detectors, but according to information on InfraRed Integrated Systems’ website, the array detectors can connect to the SDI by means of a cable, or they can transmit their data wirelessly as part of a Controller Area Network (CAN). You also mention another component, which you describe as a photosensitive semiconductor device, which is a part of the thermal array detector. We will require additional information on this device before we can determine an accurate classification.
You suggest classification of the complete people counter system in Heading 9027 (which is what the ruling letter from British Customs determined). Heading 9027 covers, inter alia, instruments and apparatus for measuring or checking quantities of heat, sound, or light. While the people counter does use infrared sensors to identify heat sources, its primary function is to keep track of how many heat sources pass through its field of view for the purpose of counting how many people have entered or exited a room. The device does not measure the temperature of the heat sources, nor does it perform any further analysis of the individuals passing through, besides keeping track of their number. In this respect it is similar to the Automated Passenger Counter described in New York Ruling Letter L82627 – 105, March 15, 2005. The device covered by that ruling utilized infrared sensors to keep track of the number of people that have boarded and disembarked from a passenger bus. Furthermore, Harmonized System Explanatory Note A-4 to Heading 9029, includes, as an example, “other appliances placed at the entrances of museums, parks, sports grounds, etc., where they record the number of visitors or spectators.” Although the method of operation of the device in your submission is quite different from that of the “turnstiles,” which are the one specific example in that EN, the use fits into the “and the like” of the Heading.
The applicable subheading for the people counter when imported as a complete unit will be 9029.10.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Revolution counters, production counters, odometers, pedometers, and the like (not including taximeters). The rate of duty will be free. The applicable subheading for the SDI Box when imported separately will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other." The rate of duty will be 2.6%.
Regarding the photosensitive semiconductor device and thermal array detector when imported separately, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling on these components. For the photosensitive semiconductor device, please provide a labeled diagram of the component, and explain in detail the component’s function. What type of photosensitive element does the component utilize (LED, other diode, etc)? For the thermal array detector, please furnish descriptive literature and a picture or photograph of the thermal array detector. Also, provide a labeled diagram of the detector and explain in detail the function of each of its component parts. Does the thermal array detector measure quantities of heat? In what wavelength range does it operate? Also, what is the optical assembly? Does it contain lenses, prisms, mirrors, etc.? Is the optical assembly part of the thermal array detector, or a separate device?
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the additional information requested about the thermal array detector, please contact National Import Specialist Barbara Kiefer at (646) 733-3019. If you have any questions regarding the SDI Box, contact National Import Specialist Steven Pollichino at (646) 733-3008. If you have any questions regarding the rest of the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division