CLA-2 CO:R:C:G 087551 CMS
Mr. Ned H. Marshak, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, NY 10004
RE: Computer Interface; Heart Rate Monitors; Pulsemeters;
Speedometers; Cardiotachometers; Hemotachometers;
Input Units; Automatic Data Processing Machines; Download
Dear Mr. Marshak:
Your request dated July 2, 1990, on behalf of Computer
Instruments Corporation, for a classification ruling on a certain
computer interface has been referred by the Regional Commissioner
of Customs, New York, to Customs Headquarters for a reply.
The merchandise consists of the Polar Computer Interface
Model 459-0. The product is used to input data collected by
cardiotachometers and hemotachometers into personal computers.
An analysis program within the interface enables graphic displays
and printouts to be obtained. The product consists of the main
interface unit, software, cable and modem. The interface is
connected directly to personal computers by cable. The
wristwatch receiver of cardiotachometer and hemotachometer
systems is placed on the interface to transfer data collected by
the cardiotachometers and hemotachometers to the interface for
storage and computer input. The interface is entered separately
from the cardiotachometers and hemotachometers.
Is the merchandise classified in Heading 8471 as computer
input units, or in Heading 9029 as parts or accessories of
speedometers or tachometers?
LAW AND ANALYSIS:
The interfaces are not entered with tachometers or
speedometers. The interfaces are suitable for use principally
with the tachometers or speedometers described by Heading 9029,
and are described by Heading 9029 as parts or accessories of
tachometers or speedometers.
The interfaces are also described by Heading 8471 as input
units of automatic data processing machines. The machines into
which the interfaces input data are freely programmable automatic
data processing machines. The interfaces are connectable to the
central processing unit of personal computers and are
specifically designed to input data in a certain form into the
automatic data processing machines of Heading 8471.
If the interfaces were entered with the tachometers and
speedometers they would likely be classified with the tachometers
and speedometers in Heading 9029. The Explanatory Notes to
Heading 8471, p. 1298, provide:
Appliances such as measuring or checking instruments
adapted by the addition of devices (signal converters,
for example), which enable them to be connected directly
to a data processing machine...fall to be classified in
their own appropriate heading.
However, when the computer interfaces are entered separately from
the instruments that measure heart or pulse rate, they are
classified as input units in Heading 8471. The Explanatory Notes
at p. 1298 identify signal converters as a type of adapter device
for measuring or checking instruments. When separately
presented, the Explanatory Notes at p. 1300 specifically identify
signal converters as Heading 8471 units with input functions.
Like the signal converters described by the Explanatory Notes,
the interfaces under consideration adapt instruments (e.g.,
cardiotachometers), for the purpose of inputting the data
collected by the instruments into automatic data processing
Chapter 90 Note 2(a) provides in part that parts and
accessories of Chapter 90 instruments, which parts and
accessories are goods included in any of the headings of Chapter
84, are in all cases to be classified in their respective
headings. The computer interfaces are units included in Heading
8471. Pursuant to Chapter 90 Note 2(a), the interfaces are
classified in Heading 8471, not in Heading 9029.
The Polar Interface Model 459-0 is classified as other input
units of data processing machines, in 8471.92.90, HTSUSA.
The Polar Interface Model 459-0 is classified as other
input units of data processing machines, in 8471.92.90, HTSUSA.
John Durant, Director
Commercial Rulings Division