CLA-2-85:OT:RR:NC:N2:220
Diana Berry
Harsco Rail
2401 Edmund Hwy
West Columbia, SC 29170
RE: The tariff classification of an analog input module from Germany
Dear Ms. Berry:
In your letter dated June 22, 2021 you requested a tariff classification ruling.
The merchandise under consideration is identified as the Analog Input Module (Input Module), PN 4019453, which is described as an input interface module principally used with the Jupiter II Control System. The Input Module consists of a metal enclosure with a network port, a DC power input port, a DC power output port, eight sensor input ports, and three LED status indicators. You state that the Input Module is used with analog devices that have a varying feedback voltage, such as engine sensors, fuel gauges, position/proximity sensors, push buttons, etc. The status of each connected device is monitored and fed to the Jupiter II Control System controller, which then makes control decisions in accordance with its programmed logic. Based on the information provided, the DC output port on the Input Module is used merely to connect power to additional Input Modules in a networked configuration.
In your request, you suggest the Input Module is accurately described as apparatus for the transmission and/or reception of voice, images, or data under subheading 8517.62.0090, Harmonized Tariff Schedule of the United States (HTSUS). As an alternative, you suggest a classification for the Input Module subheading 8537.10.9170, HTSUS, which provides for electrical control and/or distribution apparatus. We disagree with both suggestions.
Heading 8517, HTSUS, provides in relevant part for: "…other apparatus for the 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)…". Classification under heading 8517, HTSUS, is precluded because the device concerned does not receive, convert, or transmit a voice, image, or data transmission signal. The device incorporates eight sensor inputs which accept varying feedback voltages. Voltage of varying strengths would not be considered a type of data.
Furthermore, we would note that the overall Jupiter II Control System is described as a combination of digital and/or analog input and output devices, a programmable controller, and numerous peripherals, that work together to read/monitor sensors and control electrical outputs based on programmed logic. The subject Input Modules are a component of that system; however, they do not perform a control function, but merely read/sense a status change with the connected device and register that change when applicable. Referencing similar articles considered under HQ H287893, we are inclined to recognize the Input Module as a part of the overall system.
The applicable subheading for the Analog Input Module, PN 4019453 will be 8538.90.8180, HTSUS, which provides for "Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Other: Other: Other." The general rate of duty will be 3.5 percent ad valorem.
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