CLA-2-84:OT:RR:NC:N2:220
Patrick Smith
Elo Touch Solutions, Inc.
445 S. Gay St. Suite 406
Knoxville, TN 37902
RE: The tariff classification of Touchscreen Display Monitors from China
Dear Mr. Smith:
In your letter dated January 4, 2019 you requested a tariff classification ruling.
The merchandise under consideration is referred to as Touchscreen LCM Display Monitor Modules, PNs E205048, E186819, E205247, E187005, and E846974. The subject Touchscreen Display Monitors are described as LCD displays of varying screen sizes, each having a capacitive touch overlay, but are not imported with an attached bezel. Based on the information provided, the fully functional Touchscreen LCM Display Monitor Modules are principally used with automatic data processing (ADP) machines, such as the Elo X-Series Computer Module.
In your request you suggest that the subject Touchscreen Display Monitors are classified in subheading 8528.52.0000, Harmonized Tariff Schedule of the United States (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 provided for elsewhere in the tariff. Therefore, classification in subheading 8528.52.0000, HTSUS, is not applicable.
The General Rules of Interpretation (GRIs) to the HTSUS govern the classification of goods in the tariff schedule. GRI-1 states, in pertinent part, that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ." And although not dispositive, the Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represent the official interpretation of the tariff at the international level and facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and the GRIs.
As stated, the subject Touchscreen LCM Display Monitor Modules are designed to connect directly to an ADP machine for the purpose of performing input and output functions in an ADP system. The ENs describe an ADP system as consisting of a central processing unit, an input unit, and an output unit and states that an input unit and output unit can be combined into one single unit within the system.
We would note that in order to be classified in heading 8471, the merchandise must meet the terms of a unit of an ADP system as specified in Legal Note 5(C) of Chapter 84, HTSUS. In this regard, Note 5(C) to Chapter 84 defines the term “data processing units” for purposes of heading 8471 as follows:
It is of a kind solely or principally used in an automatic data processing system;
It is connectable to the central processing unit either directly or through one or more other units; and
It is able to accept or deliver data in a form (codes or signals) that can be used by the system.
Further to meeting the conditions of Note 5(C), the unit must not be excluded from any of the conditions provided for in Note 5(D) and Note 5(E) of Chapter 84, HTSUS. While monitors and projectors are excluded from classification in heading 8471, the subject Touchscreen LCM Display Monitor Modules are not merely a display monitor, but instead meet the conditions set forth in the legal notes for ADP systems by comprising two of the three components within the system, namely the input and the output. As the touchscreen and the LCD panel are permanently combined into a single unit, and the display unit is principally used within an ADP system for the purpose of performing a data processing function, the subject Touchscreen Display Monitors will be classified by name and in accordance with GRI-1 as a combined input output unit for ADP.
The applicable subheading for the Touchscreen LCM Display Monitor Modules, PNs E205048, E186819, E205247, E187005, and E846974 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.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 8471.60.1050, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8471.60.1050, HTSUS, listed above.
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 the 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