CLA-2-84:OT:RR:NC:1:120
Ms. Patricia Eby
Phoenix Contact
586 Fulling Mill Road
Middletown, PA 17057
RE: The tariff classification of the USB adapter unit from Germany
Dear Ms. Eby:
In your letter dated December 18, 2012 you requested a tariff classification ruling. We are returning the submitted sample, as requested.
The merchandise under consideration is a MCR-PAC-T-USB programming adapter unit with two attached cables, part number 2309000. The adapter unit allows a temperature measuring transducer to be connected to a personal computer (PC) to convert analog signals into data digital signals for real time processing and storage, etc. The adapter is encased in a plastic housing that measures 2” long x 3” wide x ¾” deep, with color-coded cables attached on each end. One end has a black 2’10” cord with a male 3.0 USB Type A plug used to connect to the USB port of a PC, while the other end has a grey 4’10” data cable Type B plug that connects to the transducer.
Note 5(C) to Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS) states Automatic data processing machines (ADP) may be in the form of systems consisting of a variable number of separately housed units. A unit is to be regarded as being a part of the complete system if it meets all of the following conditions: (a) It is of a kind principally or solely used in an ADP system
(b) It is connectable to the central processing unit (CPU) either directly or through one or more other units; and
(c) It is specifically designed as part of such a system to be able to accept or deliver data in a form (code or signals) which can be used by the system).
Examples of such units include: (4) Control and adaptor units such as those to effect interconnection of the CPU to other digital data processing machines, or to groups of input or output units which may comprise visual display units, remote terminals, etc. (emphasis added). The USB adapter is designed to effectuate the interconnection of the CPU(s) to an input or output unit.
You suggested classification in subheading 8544.42, HTSUS, however that classification only covers insulated wire and cable. The submitted adapter unit is not provided for in heading 8544, HTSUS.
The applicable subheading for the USB adapter unit will be 8471.80.1000, HTSUS, which provides for Automatic data processing machines and units thereof…Other units of automatic data processing machines: control or adapter units.” 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 Denise Faingar at (646) 733-3010.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division