CLA-2-85:OT:RR:NC:N1:109
Mr. Karl F. Krueger
Regulatory Compliance Consultant
Radix Group International
Dba DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060
RE: The tariff classification of a satellite data terminal 5000 (SDT 5000) modem and a satellite data modem 5000 (SDM 5000) from Canada
Dear Mr. Krueger:
In your letter dated June 3, 2010 you requested a tariff classification ruling on behalf of your client, Wireless Matrix.
The merchandise subject to this ruling is a satellite data terminal 5000 (SDT 5000) modem and a satellite data modem 5000 (SDM 5000). Both items are modems used for telemetry communications and are aimed for use with transportation fleets to enable communication between the vehicle and the home station.
The satellite data terminal 5000 (SDT 5000) modem is part of a wireless data communications (transmission and reception) network tailored to the North American telemetry market. Utilizing Wireless Matrix’s ISPD service, this satellite modem ensures remote data access across North America. The SDT 5000 is fully integrated and pre-configured for seamless operation with Wireless Matrix’s wide area wireless network or can be integrated into the customer’s solution. The SDT 5000 modem operates from 9 to 22 VDC and features multiple operational modes. Its low power consumption enables deployment at solar powered locations for maximum flexibility.
The satellite data modem 5000 (SDM 5000) combines satellite data communications (transmission and reception) technology of fixed-site telemetry products, such as the SDT 5000 modem, with the mobility and flexibility of mobile vehicle modems. The compact, satellite-only unit provides remote data access across North America and, like the SDT 5000 modem, is fully integrated and pre-configured for operation with Wireless Matrix’s wide area wireless network. The rugged, small form factor incorporates multiple interface options and supports optional GPS and AVL functionality. Its multiple operational modes include low power consumption, making it appropriate for mobile operations in the most remote areas.
In your letter you state that you believe the SDT 5000 modem is a base station and suggested Harmonized Tariff Schedule of the United States (HTSUS) subheading 8517.61, which provides for “Base stations.” However, in a telephone conversation placed by this office, you confirmed that the SDT 5000 modem is not a base station, but rather a modem that transmits and receives within a wireless data communications network. As such, subheading 8517.61 is inapplicable.
The applicable subheading for the satellite data terminal 5000 (SDT 5000) modem and the satellite data modem 5000 (SDM 5000) will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be free.
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 ruling, contact National Import Specialist Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division