CLA-2-84:OT:RR:NC:N2:220
Paul Stanchev
Sparton of Canada, Limited
4-530 Rowntree Dairy Rd
Woodbridge, L4L 8H2
Canada
RE: The tariff classification of ruggedized input and output units from Canada
Dear Mr. Stanchev:
In your letter dated March 13, 2019 you requested a tariff classification ruling.
The first item under consideration is identified as the Notebook PC, Model Warrior 1000, which is described as a ruggedized notebook PC consisting of the main board, an Intel processor, 4 GB of memory, a storage drive, an integrated 14.1” TFT LCD display, an integrated touch sensitive backlit keyboard with control pad, RJ-45 and wireless network connections, USB and COM ports, and a ruggedized case. The Notebook PC weights 5.9 kg and may be configured with additional drive options such as an optical drive in accordance with the user’s specifications. You state that the Notebook PC is an automatic data processing (ADP) machine capable of running a variety of Windows Operating Systems and that there are no hardware or software limitations inhibiting the user from adding, removing, or changing a program application of their choosing.
In your request you suggest the Notebook PC is classified under 8471.30.0100, Harmonized Tariff Schedule of the United States (HTSUS). For a good to be considered an ADP machine, it must satisfy all the requirements set forth in Chapter 84 Note 5 (A), HTSUS, which requires the machine is capable of:
Storing the processing program or programs and at least the data immediately necessary for the execution of the program;
Being freely programmed in accordance with the requirements of the user;
Performing arithmetical computations specified by the user; and
Executing, without human intervention, a processing program which requires them to modify their execution, by logical decision during the processing run.
Based on the information provided, the Notebook PC is a freely programmable ADP machine which does not impose limitations restricting the user from adding/removing an application or operating system of their choosing. Thus, we are of the opinion that the requirements of Note 5 (A) are satisfied and we agree with your suggested classification.
The second item under consideration is referred to as the LCD Display, Model SV-1901-OEM, which consists of a 19 inch open frame LCD monitor with LED backlighting, a capacitive or resistive touch overlay, and DVI/VGA inputs. You state that the customer’s specifications determines the type of touch surface required. The LCD Display is intended to be used with your line of automatic data processing (ADP) machines for the purpose of input, via the touch overlay, and output, via the LCD monitor.
In your request, you suggest that the LCD Display should be classified under subheading 8528.52.0000, 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, the subject interactive display is more specifically provided for in its entirety elsewhere in the tariff. Therefore, classification in subheading 8528.52.0000, HTSUS, is not applicable.
The third item under consideration is identified as the Industrial Keyboard, Model 5000-PM-FSR, which consists of a ruggedized keyboard in a stainless steel bezel having 112 keys including 20 function keys, a 22 key numeric keypad, and a built-in 3 button pointing device mouse. The Industrial Keyboard is intended to be used with ADP machines in rugged environments. You state that the Industrial Keyboard can be configured to the customer’s specifications as to the type of connection used (USB or PS2), with or without the 3 button pointing device, or mounted within a standalone enclosure or to be mounted inside the customer’s existing enclosure (open frame). In your request, you suggest that the Industrial Keyboard should be classified under 8471.60.2000, HTSUS. We agree.
The fourth item under consideration is identified as the Keyboard, Model 861-DP2-USB, which consists of a ruggedized environmentally sealed USB keyboard having 83 keys including 12 function keys and a built-in optical fingertip mouse. You state the Keyboard can be configured to the customer’s specifications as to an open frame design or fully enclosed. In your request, you suggest that the Keyboard should be classified under 8471.60.2000, HTSUS. We agree.
The fifth item under consideration identified as the Pointing Device, Model 1330-FTM-OEM, which consists of a printed circuit board assembly containing a touch sensitive surface, two switches on either side of the touch surface, and a formed rubber cover. The Pointing Device is intended to be mounted to an wall or rack mounted ADP machine for the purpose of control and navigation similar to a typical mouse, trackball, joystick, or standard touch sensitive surface. In your request, you suggest that the Pointing Device should be classified under 8471.60.9050, HTSUS. We agree.
The applicable subheading of the Notebook PC, Model Warrior 1000, will be 8471.30.0100, HTSUS, Automatic data processing machines and units thereof; "Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display.” The general rate of duty will be Free.
The applicable subheading for the LCD Display, Model SV-1901-OEM, 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.
The applicable subheading for the Industrial Keyboard, Model 5000-PM-FSR, and the Keyboard, Model 861-DP2-USB, will be 8471.60.2000, 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: Other: Keyboards.” The general rate of duty will be Free.
The applicable subheading for the Pointing Device, Model 1330-FTM-OEM, will be 8471.60.9050, HTSUS, which provides for Input or Output units, whether or not containing storage units in the same housing: Other: Other: 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 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