CLA-2 CO:R:C:M 952629 MBR

Mr. Julian Higgins
5407 Eglinton Ave. West, #202
Toronto, Ontario
M9C 5K6 Canada

RE: Revocation of HQ 089227; "SOFTLINK" System; Smartlink Canada Limited; Protocol Conversion; Control or Adapter Unit; HQ 951331; HQ 952659

Dear Mr. Higgins:

On July 24, 1991, we issued HQ 089227 to you which held that the "SOFTLINK" system was classifiable under heading 8517, Harmonized Tariff Schedule of the United States (HTSUS), which provides for telegraphic apparatus.

Subsequently, due to our ongoing research and analysis, we have reconsidered the classification of automatic data processing machine (ADP) networking equipment. See HQ 951331, dated September 18, 1992, as modified by HQ 952659, dated October 7, 1992.

FACTS:

Your product literature states that the main applications of SOFTLINK involve the transfer of data between asynchronous host systems and Value Added Networks (VANS). These include links into the CentreFile Service, and links from universities and polytechnics into the UCCA and PCAS networks.

The synchronous transmission rate is determined by the external clock derived from a modem or Network Termination Unit (NTU). Each synchronous port can operate at its own speed, or SOFTLINK can provide a clock to one port derived from the other port. The protocol is selected by means of the MODE switch on the front panel. There are 8 combinations of 2780/3780, both full and half duplex on both ports. At the end of the file transfer process, SOFTLINK transfers a log file to the local host giving a history of all file transfers taking place and the number of lines in each file. Any errors in transmission will be highlighted in the log file. The SOFTLINK requires an external modem in order to transmit and receive data over carrier current line systems.

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The SOFTLINK unit has a metal housing and "is about the size of a large telephone directory." It contains a power supply and a single circuit board. The circuit board contains a processor, memory, devices to control the bringing in and sending out of data, and two EPROMs (Erasable Programmable Read Only Memory). The EPROMs are programmed by Smartlink to fulfill a customer's particular needs.

ISSUE:

What is the classification of the SOFTLINK data communications system, under the Harmonized Tariff Schedule of the United States?

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...

Legal Note 5(B) to chapter 84, HTSUS, provides guidance regarding units of automatic data processing machines. It 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 either directly or through one or more other units; and

(b) It is specifically designed as part of such a system (it must, in particular, unless it is a power supply unit, be able to accept or deliver data in a form (code or signals) which can be used by the system).

It has been asserted that networking systems such as the "SOFTLINK" system are essential to the ADP systems they are connected to because they process and format the data of the computers they serve. We now agree.

It is also important to note that the ENs, page 1299-1300, describe separately presented ADP units as follows:

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.

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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.

This category includes channel to channel adapters used to connect two digital systems to each other.

(5) Signal Converting units. At input, these enable an external signal to be understood by the machine, while at output, they convert the output signals that result from the processing carried out by the machine into signals which can be used externally.

The "SOFTLINK" system does in fact effectuate interconnection of the CPU unit to other units or ADP machines, thereby serving control and adaption functions, as well as performing signal conversion. Thus, classification is appropriate in subheading 8471.99.15, HTSUS, which provides for ADP control or adapter units.

Our diligent fact finding, and research and analysis of this issue, has been continually ongoing. Therefore, we have learned more about this merchandise, its functions, and its geometrically progressive technological developments.

Therefore, based on the new information submitted, and in an effort to expeditiously and accurately address this classification issue, we have reconsidered our position. It is now our conclusion that the data processing features of control and adaption do in fact represent the principal function of the "SOFTLINK" system, directing classification in subheading 8471.99.15, HTSUS, which provides for: "[a]utomatic data processing machines and units thereof: [o]ther: [o]ther: [c]ontrol or adapter units."

HOLDING:

The SOFTLINK data communication system is properly classifiable under subheading 8471.99.15, HTSUS, 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.

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EFFECT ON OTHER RULINGS:

For the reasons stated above, HQ 089227, dated July 24, 1991, is revoked under authority of section 177.9(d), Customs Regulations.

Sincerely,

John Durant, Director
Commercial Rulings Division

ATTACHMENT: HQ 951331
HQ 952659