CLA-2-85:OT:RR:NC:N1:109
Ms. Angela M. Santos
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP
399 Park Avenue, 25th Floor
New York, NY 10022-4877
RE: The tariff classification of a Telemetry Device from an unspecified country
Dear Ms. Santos:
In your letter dated April 12, 2012 you requested a tariff classification ruling on behalf of your client, Xirgo Technologies, Incorporated
The merchandise subject to this ruling is a telemetry device (XT6000G). The device is mounted on a refrigerated container on a ship and receives and transmits data between the container’s microcontroller (“Reefer”) and the external server. The XT6000G obtains relevant data, including alarms and changes in power or environmental conditions from the Reefer. It can be configured to report collected data based on events defined by its configuration; on a periodic basis; upon request by an external server; or upon request by a router connected to the local mesh network formed by the device and other similar devices within its range.
The collected data, combined with location and time data from a global positioning system (GPS) within the XT6000G, is transmitted over a global wireless network using a 3G modem also located within the product to an external server connected to the Internet. In addition, some of the data collected (including the associated location and time stamping) is provided over a local wireless mesh network to a handheld router. Based on commands received from the server in response to the transmitted reported data, the XT6000G can transmit and inform the Reefer to adjust the container’s environmental conditions, update the firmware in the Reefer, or report additional information. However, the device cannot automatically adjust the refrigerated container’s environmental conditions and does not perform any of the adjustments of updates.
The XT6000G transmits the refrigerated container’s environmental and location data derived from the Reefer in the refrigerated container to the external server. This device does not perform the measurement activities, but simply reports the data. Its GPS system only serves to provide the refrigerated container’s location data so that the server can determine the necessary adjustments to the refrigerated container’s environment. The XT6000G cannot measure the environmental conditions of the refrigerated container or automatically change the refrigerated container’s conditions. Its principal function is to receive data commands from the server and in turn transmit commands to the Reefer.
The applicable subheading for a Telemetry Device 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 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,
Thomas J. Russo
Director
National Commodity Specialist Division