CLA-2-84:OT:RR:NC:N2:220
Michael Mattson
SBS - Superior Brokerage Services, Inc.
1700 Wynne Ave.
St. Paul, MN 55108
RE: The tariff classification of the Clevertouch Series monitors from China
Dear Mr. Mattson:
In your letter dated August 29, 2018 you requested a tariff classification ruling on behalf of your client, Sahara Presentation Systems, Inc.
The merchandise under consideration is referred to as Clevertouch V Series, Clevertouch Pro Series, Clevertouch Plus Series, and Clevertouch LUX Plus Series. These devices, hereafter referred together as the Clevertouch, are designed to be used in classroom or business settings as an interactive whiteboard either in a standalone configuration or in conjunction with the consumer’s existing automatic data processing (ADP) machine. The Clevertouch comes in varying LED screen sizes ranging from 55” to 86”.
Each of the Clevertouch LED touch screens are equipped with a capacitive touch overlay that allow users to manipulate display data, type, and input/manipulate data as well as control the functions of the installed applications. There are numerous input and output connection ports to include USB, HDMI, VGA, RS232, and RJ45 that are accessible on the side and front of the unit. Mounted onto the back of the Clevertouch units is an Android OS module. The Clevertouch processes applications compatible with the Android operating system (OS), joins wired or wireless networks, accesses and manipulates folders and files, and performs general computing tasks such as Internet browsing, email, and editing office documents. When imported with the Android OS module the Clevertouch is viewed as a fully functioning ADP machine.
The Clevertouch panels also feature a slot on the rear of the unit which allows for the addition of a separate Windows PC module. These PC modules are usually shipped with the panel or could be purchased as an add-on to an existing panel. You are requesting a classification ruling on Clevertouch monitors imported both with the Android OS Module or Windows PC module, and Clevertouch monitors imported without these modules.
We would note that the classification of the Clevertouch Plus with PC module was previously addressed in NY N28009, dated October 31, 2016, where we determined that the monitor with its attached ADP machine was classifiable in 8471.41.0150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for an ADP machine having a central processing unit and an input and output unit combined in the same housing.
In your request you suggest when the Clevertouch LED touch screen monitors are imported without the Android OS Module or the Windows PC module the correct classification is under 8528.52.0000, HTSUS, as monitors, not incorporating television reception apparatus, and being capable of directly connecting to and designed for use with an ADP machine of heading 8471. However, in their entirety, these touchscreen monitors are more specifically classified elsewhere in the tariff and heading 8528 is not appropriate.
The applicable subheading for the Clevertouch V Series, Clevertouch Pro Series, Clevertouch Plus Series, and Clevertouch LUX Plus Series imported with the Android OS Module or Windows PC module will be 8471.41.0150, HTSUS, which provides for “Automatic data processing machines and units thereof; …: Other automatic data processing machines: Comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined: Other”. The general rate of duty will be Free.
The applicable subheading for the Clevertouch V Series, Clevertouch Pro Series, Clevertouch Plus Series, and Clevertouch LUX Plus Series imported without the Android OS Module or Windows PC module will be 8471.60.1050, HTSUS, which provides for “Automatic data processing machines and units thereof; Input or output units, whether or not containing storage units in the same housing: Combined input/output units: 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 https://hts.usitc.gov/current.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division