CLA-2 CO:R:C:M 088667 MBR

Valerie L. Matthews
C.J. Tower, Inc.
128 Dearborn Street
Buffalo, New York 14207

RE: Reconsideration of NY 838270, dated March 24, 1989; Control or Adapter Units of ADP Systems; Protocol Converter; Controller; 8471

Dear Ms. Matthews:

This is in reply to your letter of June 4, 1990, on behalf of Perle Systems, Ltd., requesting reconsideration of NY 838270, dated March 24, 1989, concerning the classification of protocol converters and controllers, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

Protocol converters are designed to provide translation and conversion functions facilitating networking of synchronous and asynchronous data processing machines. For example, a character of data originating at an ASCII terminal consists of seven bits, whereas, the IBM System 34 and 38 can only interpret characters coded with eight bits (EBCDIC). The protocol converter would translate each character of information for compatibility between the two systems.

Protocol converters are designed to meet differing needs. They can support printers, support the batch transfer of files or allow low-cost terminals to emulate the IBM 5251 display station. The Perle system is available in four models, a 4 port unit, an 8 port unit, a 12 port unit and a 20 port unit (future model). The unit appears on the host configuration as one to five IBM 5251 Model 12 or 5294 clusters with locally attached work stations and printers. Any port on these units can support a 5251, 5256, or 5224-type device or combination terminal/printer. Current software supports all screen formatting and editing features of the 5251. The Perle 350 (I/O 8394) contains 3 to 6 -2-

microprocessors and 192K to 384K of high-speed semiconductor RAM memory. The Perle protocol converter/controller has an internal disk drive which is used for the storage of configuration data and also is used to store help screens. The help screens are accessible to the user to add operational notes, send messages or to use as a "scratch pad."

ISSUE:

What is the classification of Protocol Converters and Controllers for automatic data processing machines, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

NY 838270 classified the Protocol Converters and Controllers in heading 8517, HTSUSA, which provides for: "[e]lectrical apparatus for line telephony or telegraphy, including such apparatus for carrier-current line systems."

You disagree with this classification and assert that the proper classification for the Protocol Converters and Controllers is under heading 8471, HTSUSA, which provides for: "[a]utomatic data processing machines and units thereof." You cite NY 850053, dated March 13, 1990, which was issued to your client, which held that your model 8394 (PDS 350) is classifiable under subheading 8471.99.15, HTSUSA, which provides for: "[a]utomatic data processing machines and units thereof: [o]ther: [o]ther: [c]ontrol or adapter units."

Legal Note 5(B), chapter 84, delineates "units" of automatic data processing (ADP) systems. Legal Note 5(B) states:

Automatic data processing machines may be in the form of systems consisting of a variable number of separately housed units. A unit is to be regarded as being a part of the complete system if it meets all of the following conditions:

(a) It is connectable to the central processing unit...

(b) It is specifically designed as part of such a system...

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The Protocol Converters and Controllers are connectable to a central processing unit, and are specifically designed as a part of an ADP system. In fact, their very design and function requires connection to a central processing unit, and their sole purpose is that of an ADP unit.

The Harmonized Commodity Description and Coding System Explanatory Notes (EN), for heading 8471, page 1299, state:

(D) SEPARATELY PRESENTED UNITS

This heading also covers separately presented constituent units of data processing systems. Constituent units are those defined in Parts (A) and (B) above as being parts of a complete system.

Apart from central processing units and input and output units, examples of such units include:

(4) Control and adaptor units such as those to effect interconnection of the central processing unit to other digital data processing machines, or to groups of input or output units which may comprise visual display units, remote terminals, etc. (emphasis added).

Clearly, the Protocol Converters and Controllers are designed to effectuate the interconnection of the central processing unit(s) to an output unit(s). Furthermore, control units are described as intermediary control devices which link peripheral units to the CPU. C.J. and R.J. Sippl, Computer Dictionary and Handbook, (3rd ed. 1980), p. 115. Control units are used to interface (i.e., interact or interconnect) computers and peripheral devices. Myles E. Walsh, Understanding Computers: What Managers Need to Know, (1981), p. 36. See HQ 087902, dated January 14, 1991, HQ 087468, dated January 8, 1991, HQ 086105, dated May 7, 1990, and HQ 083074 (PDS 350 Protocol Converter under the TSUS). We agree that the function of the Protocol Converter/ Controller is not the "transmission of signals" but is instead the processing and conversion of data. All ADP machines and peripherals must have the capability to transmit and receive data (i.e., communicate with each other) in order to function. For example, a key board transmits signals to a terminal, which transmits and receives signals from the processor, which in turn transmits and receives signals from the printer. However, the transmission and reception functions are only the means to the end (i.e., data processing).

Therefore, since the Protocol Converters and Controllers' principal purpose is to interconnect peripheral units to the CPU, they are properly classifiable as control units for an ADP -4-

system.

HOLDING:

The Perle Systems, Inc., Protocol Converters and Controllers are properly classifiable under subheading 8471.99.15, HTSUSA, which provides for: "[a]utomatic data processing machines and units thereof: [o]ther: [o]ther: [c]ontrol or adapter units." The rate of duty is Free.

EFFECT ON OTHER RULINGS:

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NY 838270, dated March 24, 1989, to reflect the above classification.
Sincerely,

John Durant, Director
Commercial Rulings Division